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Modification of public procurement contracts: Unchanged, appearances to the contrary notwithstanding
The planned amendment to the Public Procurement Law only seems to revise the rules for modification of public contracts. The decisive role will still be played by the rules outlined in the case law of the Court of Justice and codified in Directive 2014/24/EU.
Recent changes in criminal procedure, operational monitoring, and the prosecution system
Numerous major changes have entered into force in Poland in recent months in the area of criminal procedure, surveillance of citizens, and how the prosecution system is run.
The time is coming for new trust services
The EU’s eIDAS Regulation enters into force on 1 July 2016. The importance of this somewhat mysterious act is not yet widely appreciated. It opens up new possibilities and creates space for very interesting new services.
Pursuing claims against banks for unauthorised electronic transfers
Reimbursement of funds lost in an attack on an online account can be pursued against the bank operating the account.
Radical changes in trademark law
The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO.
Change in trademark registration system
The second amendment to the Industrial Property Law, which enters into force on 15 April 2016, introduces major changes in the procedure for obtaining protective rights to a trademark—replacing the current examination system with a register system.
Easier to revoke or invalidate a trademark
The amendment of the Industrial Property Law entering into force on 15 April 2016 also introduces major changes in regulations governing the loss of the protective rights to trademarks.
Pros and Cons of Outsourcing
Outsourcing continues to be an appealing solution for businesses. But for it to generate benefits rather than legal problems, a number of issues must be analysed—from the liability rules governing the parties to issues of state aid and data protection.
Outsourcing no escape from liability for telemarketing without consent
The Supreme Court of Poland ruled on 17 February 2016 that an entity conducting direct marketing using automated generating systems (in that case SMS ads) is liable for failure to obtain consent from recipients also when it has contracted out the marketing to an external firm.
Transfer of personal data to the United States: Privacy Shield v Safe Harbour
Invalidation of the Safe Harbour decision created a gap in the system for transfer of data from Europe to the US. The question arose of how to evaluate the legality of existing data transfer practices based on Safe Harbour, and what rules to apply in the resulting vacuum.