e-Delivery: A revolution in businesses’ communications with the state administration and courts
A revolution is coming in communications between Polish companies and state and local administrations and the courts. It will take the form of the e-Delivery electronic system through which public administrative offices (including tax offices) and courts will communicate with companies and citizens. The system will also be used for communications between private entities, for example business-to-business. All indications are that it will be a very useful solution.
Control of concentrations of undertakings receiving foreign subsidies: New powers of the European Commission
In recent years, new EU legislation has appeared addressing the influence of third countries on proper functioning of the internal market, including a mechanism for examination and control by the Commission of subsidies granted by third countries for planned economic activity in the EU of publicly or privately owned undertakings. The new rules also involve control of concentrations within the EU.
News from Poland—Business & Law, Episode 42: Legal risks of using generative AI and how to mitigate them
In this episode dr Iga Małobęcka-Szwast, LL.M., discusses what are the legal risks of using generative AI and how to mitigate them.
A tax on combustion vehicles?
According to Eurostat figures for 2021, Poland has become the EU leader in cars registered per 1,000 inhabitants, at 687. At the same time, 37% of cars registered in Poland are 10–20 years old, and more than 41% are over 20 years old. Should Poles fear the adoption of a tax on combustion-engine cars?
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.
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
Determining the economic value of trade secrets in public procurement
A key issue in protecting trade secrets in public procurement is to demonstrate the economic value of the confidential information. Despite many rulings by the National Appeal Chamber and interpretations by commentators, it remains a controversial issue.
Tales from the National Appeal Chamber: Trade secrets must be proven
Public procurement is subject to the general principle of openness. Sometimes, this conflicts with the interests of contractors, who can protect their companies’ valuable information and knowhow by designating it as a trade secret. But this is not an automatic process, as it requires contractors to make a credible showing of the rationale for protecting the information. In a recent ruling, the National Appeal Chamber clarified the conditions for correctly reserving trade secrets.
In public procurement procedures, foreign financial contributions must be reported
As of 12 October 2023, once they exceed certain financial thresholds, undertakings participating in public procurement procedures are required to notify the contracting authority of all foreign financial contributions.
K-pop and ESG: Can the music industry act for sustainable development?
The number of Korean ventures in Poland is growing. It is worth taking a look at Korean culture, including its most famous element at the moment—K-pop, a global musical phenomenon. This industry is also notable for its largely-voluntary ESG initiatives.
News from Poland—Business & Law, Episode 41: dawn raid
The newest episode of "News from Poland" is about dawn raids, that is unexpected visits from law enforcement. How to prepare for it and how to react? You will hear from Jakub Znamierowski, who represents clients in white-collar crime matters, leads internal investigations and specializes in corporate criminal liability.
Can penalties in public procurement exceed the contract price?
The Polish Public Procurement Law does not specify an upper limit for contractual penalties. However, if the penalties are out of line with the realities of the contract, the contractor can seek review by the National Appeal Chamber. In a recent ruling, the chamber cut the penalties to 30% of the contractor’s gross fee.