Supply chains in the pandemic era
Vehicle production is based on a supply chain system. During a pandemic, the risk increases that not all links in the chain will function properly. It is worth considering this risk in the context of restructuring and bankruptcy law.
Offshore wind farms: Maximum strike price in contracts-for-difference scheme proposed by Minister of Climate and Environment
On 16 February 2021 the Polish Ministry of Climate and Environment released for public consultations a draft of the regulation on the maximum price for electricity generated at an offshore wind farm and introduction into the grid, in PLN per MWh, which is the basis for calculating the right to coverage of a negative balance. This amount is set at PLN 301.50/MWh (about EUR 67/MWh). This means that this will be the maximum amount of support from the Polish state for wind farms built in the Polish area of the Baltic Sea, which will be allocated within the next four months.
Unlocking the potential of the onshore wind: Liberalization of the 10H Distance Act
On 12 February 2021, Poland’s Deputy Prime Minister and Minister of Development, Labour and Technology, Jarosław Gowin, announced that the ministry has submitted to the government for inclusion in its agenda a proposal to amend the so-called 10H Distance Act. This means that in about two weeks, the public consultation process will begin, lasting another three weeks.
New video series: “News from Poland—Business & Law”
The programme is a synthesis (up to 10 minutes) of important current events in the Polish economy and changes to Polish law, especially those that may concern management board members and affect the risk of serving on boards.
The data economy and trade secrets
In previous articles in our series we discussed whether data can be subject to property rights or can be protected within known categories of intangibles. Today we will consider if and when data can be protected as a trade secret.
Increased activity of the Polish data protection authority
Last year ended with a series of fines imposed by the President of the Personal Data Protection Office. They show the importance of taking take care of data security—and how costly it can be if you don’t.
Data as collateral?
To complement our previous considerations about the civil-law status of data, we should analyse the possibility of using data to create security interests in business transactions. The increasing economic value of data inspires a search for effective ways to collateralise these assets.
The impact of Brexit on cross-border bankruptcy and restructuring proceedings
How will Brexit affect cross-border bankruptcy and restructuring proceedings involving the UK? Will judgments issued by an insolvency court in the UK still be recognised in Poland?
Tales from the National Appeal Chamber: Non-statutory grounds for in-house procurement?
Municipal waste collection and transport is the subject of many in-house procurements in Poland. Art. 67(1)(12) of the Public Procurement Law provides one of the possible grounds for awarding such contracts, requiring the contracting authority to meet three conditions. But are there really only three? This issue arose in a case in which the National Appeal Chamber had to decide whether the contracting authority must also meet other, non-statutory conditions to properly award a sole-source contract.
Inheritance of data
A natural extension of the consideration of the legal status of data is the question of whether data can be inherited. This is no longer just a theoretical issue. Data are increasingly valuable, making it vital to answer the question of whether data constitute an asset of the decedent’s estate that can be taken over by the heirs.
The EU global sanctions regime: How human rights affect supply chains
On 7 December 2020, the Council of the European Union adopted a decision and a regulation establishing a global sanctions regime for human rights violations. On this basis, the EU will be able to impose sanctions on persons, entities and bodies involved in or responsible for serious human rights violations and abuses worldwide—no matter where in the world such actions take place. As soon as possible, EU undertakings active on the global market should adapt their internal compliance systems and reflect human rights issues in designing their supply chains.
Statute of limitations runs anew after postponement of payment: A new resolution of the Supreme Court
Recently, the Supreme Court of Poland adopted an important resolution specifying the rules for running of the statute of limitations after a postponement of payment (creditor’s extension of the payment deadline). Under the resolution, if payment is postponed, the statute of limitations begins to run again from the new payment deadline. Thus, the view expressed by the Supreme Court allows the repayment of the debt to be divided into instalments along with postponement of the due date, and thus postponement of the beginning of the limitation period.
