| In Principle

In 2012, a restrictive ban on advertising by pharmacies was introduced into Polish law. According to Art. 94a of the Pharmaceutical Law, it is only permissible to provide information on the location and working hours of a pharmacy or a pharmacy outlet. Violation of the ban can draw a heavy fine, up to PLN 50,000. In practice, the advertising ban is strictly enforced by the province pharmaceutical inspectors, which results in numerous administrative fines imposed on businesses.

The proposed changes in healthcare in Poland would not only impose new obligations of healthcare providers, but also seek to raise the quality and safety of medical services. Periodic external audits and mandatory reporting of adverse events are to be introduced. This represents an organisational change, but also a cultural one. Every hospital employee would have to be aware of their responsibility towards patients, and all processes would be designed to focus on the patient. The idea of a patient-centred system has been discussed in Poland many times, but not even a uniform definition or principles for such an approach have been adopted to date. It is worth taking a look at how others are doing it.

The world pins high hopes on the development of artificial intelligence systems. AI is expected to generate huge economic and social benefits across various aspects of life and sectors of the economy, including the environment, agriculture, healthcare, finances, taxes, mobility, and public administration. The progressing development of AI systems is forcing the creation of appropriate legal frameworks, which on one hand should facilitate further growth of AI technologies but on the other hand should ensure adequate protection of persons using such systems and raise societal confidence in the operation of AI systems.

Following the posts on the Government Legislation Centre website can be an interesting experience. Sometimes, seemingly trivial legal changes lead to a number of serious consequences. It is likely that such consequences will touch businesses in a specific market rarely mentioned in public debate. This is the market for telecommunication services at Polish prisons. Seemingly innocuous, the proposed changes could completely eliminate Polish companies from this market.

While business email compromise frauds might be on the decline, businesses are increasingly impacted by ransomware and data hacks. Just in the past few months, the press have reported on a number of large-scale ransomware attacks targeting both private and public entities. The impact of the attacks is always huge: disrupted operations, leaks of trade secrets and personal data, losses to reputation.

Stanisław Drozd and Konrad Grotowski carry on explaining what to expect if you are a foreigner testifying as a witness before the Polish civil court.

Business email compromise, or BEC is a type of cyber-facilitated fraud where fraudsters compromise IT networks, intercept business communications, and by using different manipulation techniques, trick employees into making wire transfers to fraudulent bank accounts. The fraud itself is not a new creature. It is an old trick, merely conducted with the use of modern technologies.

We wish our readers and authors rest and a chance to unplug over the holidays. And stay safe! We will return in the New Year (next edition on 13 January 2022).
 

A hot topic recently is the proposed changes in labour law relating to remote work. In fact, so far “remote work” has not been generally regulated in Polish law.  After the outbreak of the pandemic, remote work was regulated separately in the special COVID-19 Act. According to this act, to combat COVID-19, the employer may instruct an employee to perform remote work.

The private rented sector in Poland is on the radar of foreign institutional investors.  Investments in residential rental properties are in vogue in Western Europe. Despite the global crisis caused by COVID-19, investors actively seek opportunities in friendly foreign markets, including Poland. The Polish market is considered promising, even though historically in Poland there has been a tradition of owning rather than renting.

The pandemic has affected the way we shop. More and more frequently, buyers order products (including Christmas gifts) online with delivery to a designated customer service location or a parcel locker, so they don’t have to wait at home in the time slots indicated by the courier. More parcel lockers are appearing in housing estates and on the street. While it is clear that constructing parcel lockers does not require a building permit, are parcel lockers subject to real estate tax?

The law in Poland is quite precise about who can be given information about a family member’s health, and in what situations. But when contacted by a family member by phone, how can the healthcare provider verify the caller’s identity? And can a hospital in principle refuse to provide information by phone?