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AI practices banned as of 2 February 2025
The EU’s Artificial Intelligence Act prohibits certain particularly harmful AI practices. These provisions will begin to apply from 2 February 2025. Non-compliance can attract an administrative fine of up to EUR 35 million or, in the case of a company, up to 7% of its total annual worldwide turnover from the previous fiscal year, whichever is higher.
AI practices banned as of 2 February 2025
The Shelter Act: Collective protection facilities in Poland
As of 1 January 2026, every new multifamily development will have to allow for operation of an emergency shelter. Civil defence authorities will also have to designate which existing or planned structures can serve as shelters, hiding places, and sites of emergency refuge.
The Shelter Act: Collective protection facilities in Poland
Product safety: Changes as of December 2024
The EU’s General Product Safety Regulation will start to apply in Poland on 13 December 2024. The GPSR will replace the product safety regulations now in force, and apply to many types of non-food consumer products. It sets general safety standards for all categories of consumer products for which more specific standards are not provided in other laws. Adapting to the changes will require relabelling of consumer products, among other efforts. But inspections and sanctions will have to wait for legislation by the Polish parliament.
Product safety: Changes as of December 2024
EU law on medical devices: New transition periods and other changes
Amendments to the EU’s provisions on medical devices were published in the Official Journal on 9 July 2024. The new rules will begin to apply six months after publication (i.e. from 10 January 2025). In vitro diagnostic devices are gaining extended certificate validity and longer transition periods. The EUDAMED database can be launched in steps, which should speed up the mandatory use of the modules that are now ready. Meanwhile, manufacturers and other participants in the distribution chain have a new obligation to report problems with availability of medical devices.
EU law on medical devices: New transition periods and other changes
KNF’s new Recommendation U includes guidance for bancassurance and insurance distribution channels
On 26 June 2023, the Polish Financial Supervision Authority (KNF) adopted the new Recommendation U on good bancassurance practices, which will replace the previous Recommendation U of June 2014.
KNF’s new Recommendation U includes guidance for bancassurance and insurance distribution channels
Pay Transparency Directive: Strengthening the principle of equal pay in the European Union
Directive (EU) 2023/970 of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms was adopted on 10 May 2023. What new obligations will employers face? How does EU law understand equal pay
Pay Transparency Directive: Strengthening the principle of equal pay in the European Union
Public procurement: Once again, a criminal record certificate should come from the contractor’s home country
In public procurement proceedings initiated on or after 22 September 2023, contractors may again submit criminal record certificates according to the residence of the person referred to in the certificate.
Public procurement: Once again, a criminal record certificate should come from the contractor’s home country
Sale of energy drinks to minors will be banned
On 28 August 2023, an amendment to the Public Health Act was published, including an important change impacting the food industry. After lengthy debate, it was decided to impose an absolute ban on the sale of energy drinks to minors. Ultimately, proposed advertising restrictions were dropped, but new labelling requirements for beverages containing caffeine or taurine remain. Starting 1 January 2024, the new regulation will force manufacturers and vendors to adjust their internal procedures for marketing energy drinks in Poland.
Sale of energy drinks to minors will be banned
Will pharmacy M&A still be possible?
On 17 August 2023 the parliament held its final vote on a bill to tighten the section of the Pharmaceutical Law known as “Pharmacies for Pharmacists.” Now the act will be sent to the President of Poland, who will decide whether to sign it into law. The amendment (known as “Pharmacies for Pharmacists 2.0”) is stirring a lot of controversy. Its entry into force would significantly restrict the possibility to buy and sell pharmacies, and would require the Pharmaceutical Inspectorate to scrutinise franchise agreements. Pharmacy chains are concerned that the new provisions will lead to expropriation.
Will pharmacy M&A still be possible?
The benefits from starting a family foundation
The Family Foundations Act, entering into force on 22 May 2023, introduces the family foundation into Polish law as a new legal entity designed for collecting property and managing assets in accordance with the founder’s will and paying benefits to beneficiaries. Therefore, the objectives of a family foundation are different from those of existing foundations, which are non-governmental organisations operating for public benefit and not for profit.
The benefits from starting a family foundation
Running a business through a family foundation
In just a few days, it will be possible to carry out intergenerational succession in Polish companies through the vehicle of a family foundation. This new legal entity is designed to meet the needs of business owners, who until now have been condemned to relatively limited choices under general provisions, or could choose foreign jurisdictions to set up a family foundation (e.g. in Austria, Liechtenstein, Malta, or the Netherlands).
Running a business through a family foundation
Taxes and the family foundation
Along with the provisions allowing for establishment of a family foundation, entirely new tax provisions are being introduced, with attractive rules for taxation of asset transfers and foundation activities, but also a slightly too varied patchwork of tax rates.
Taxes and the family foundation