new technologies | In Principle

Does a company or limited partnership have to have its own website? Does it have to operate the site itself? What information must be posted there? Practical pointers under the amended Commercial Companies Code

Money laundering and financing of terrorism have become a source of major risks in business operations over recent years. On one hand, businesses are exposed to the risk that their services may be used for money laundering, and on the other hand they are increasingly targeted by strict AML regulations, where noncompliance can carry stiff sanctions.

An anti-obscenity association issued a proposal for an Act on Protection of Minors against Pornographic Content on 16 December 2019. It has gained the official support of the Family Council, which recommended to the Prime Minister that the proposal be adopted for further legislative work. The Minister of Family, Labour and Social Policy announced that work on the bill should conclude in the first half of 2020. The need to restrict children’s access to pornography is obvious, but the proposal has generated much controversy, mainly due to the proposed mechanism for age verification, which may invade internet users’ privacy. The proposal would also impose additional obligations on telecommunications operators, electronic service providers, and payment service providers.

A person’s image, in the sense of a physical picture of an individual, is subject to protection as a personality right and as personal data. The rule under Art. 81 of the Polish Copyright Act is that a person whose image is fixed must consent to dissemination of the image. Fixation of an image includes capturing of the whole or part of a person’s profile, through any means—photo, film, drawing, painting, or portrait—enabling identification of the person. Dissemination of an image means any form of publication, i.e. making it accessible to an unlimited set of recipients, as in the case of media access. It is irrelevant whether use of the image is aimed at generating financial gain.

Liability for content published on the internet infringing for example personal interests, industrial property rights or copyright may be imposed not only on the author of the content, but also on the administrator of the site where it was published.

The Principality of Liechtenstein will become one of the first countries with its own act on trusted technologies, approved by the Liechtenstein parliament at the first reading on 6 June 2019.

Following Malta and Liechtenstein, France has become the next country to introduce laws on business activity relating to blockchain, ICOs and cryptocurrencies.

Virtual currencies are a reality, but large countries have taken a conservative stance towards them, and have not legislated on this issue in their legal systems. Small countries, on the other hand, seeking a source of revenue, are trying to specialise to attract representatives of the world of new technologies and cryptocurrencies. The legislative initiatives taken recently by Malta and Liechtenstein are an example.

To mark the 30th anniversary of Wardyński & Partners, a debate was held on 7 December 2018 entitled “The right to unplug: Dignity, privacy and new technologies.” The panellists considered whether the right to internet access we have won should be followed by recognition of a right to be free from the internet.

Intensive developments in modern technologies and increasing globalisation are affecting all areas of life, including that of work. This is work meant in broad terms, not only in terms of its performance, but also recruitment and the mutual relations of employers and employees. Where is this all leading us?

When hackers exploited vulnerability due to software not being updated at a US credit agency, important data of millions of customers in the US, Canada, and the UK were leaked. The US federal authorities have launched an investigation that could lead to millions in fines. Bosses at the firm were questioned in a congressional hearing and the agency is facing the largest class action in US history. This sounds like the plot of a financial thriller, but the Equifax case did in fact happen and is a lesson for the future.

The Polish government is currently working on a completely new tax regime applicable to income from trading in cryptocurrencies (virtual currencies) for personal income tax and corporate income tax purposes. For PIT purposes, this income is to be taxed as income from cash capital at the rate of 19% regardless of whether the turnover is of a private nature or made in the course of business activity. For CIT purposes, the income from trading in cryptocurrencies will be classified as capital gains. These new rules would apply from 1 January 2019.