| In Principle

Ensuring the transparency of websites is vital from the perspective of the GDPR. Persons entering a website must be aware of how their personal data will be processed on the site and for what purpose.

Cookies and similar technologies are commonly used marketing tools enabling optimisation of marketing campaigns and more effective targeting of customers. So it comes as no surprise that it’s hard to find a website without a popup window informing users that the site uses cookies, referring the user to the privacy policy and cookies policy for more information. Interestingly, a great majority of these messages are themselves inconsistent with the applicable regulations on data protection, telecommunications, and electronic services.

Genuine use of a trademark in the EU as a whole may be proved in certain circumstances by showing use of the mark in a single member state.

According to the International Energy Agency, over a fourth of oil and gas supplies today come from the seas. Over the past couple of decades, extraction of natural gas from offshore deposits has risen by over 50%. There is also growing emphasis on offshore wind energy. Ventures of this type are technically complex, often innovative, and consequently costly. That is why fuel companies insure platforms, borings, and drilling equipment. What is important to pay attention to in such insurance policies? How to prepare for a potential dispute?

The simplest answer is “it depends”—primarily on the specific clauses included in the contract and the governing law. This issue is worth considering under Polish law, because economic globalisation means that factory closings in China could also disrupt supply chains in Poland.

Perpetrators of border offences aren’t all human traffickers or smugglers of goods. Increasingly they are citizens of third countries wishing to travel around the EU for study, work, or tourism. To facilitate obtaining a visa or an extension of their stay, they may use the services of intermediaries who don’t always operate lawfully. Visitors risk a lot this way. If the Border Guard finds that a passport or visa is falsified, the holder may not only be denied entry into an EU member state, but may also be convicted of a criminal offence and have their details entered in registers, hindering future travel in the Schengen zone. How can travellers defend themselves in this situation?

An interesting ruling has been handed down in Italy in a case involving Facebook’s violation of the collective interests of consumers and data protection. The court held, contrary to common opinion and the social media site itself, that Facebook is not free.

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

FIFPro and FIFA have launched a guarantee fund securing the payment of salaries to players unable to enforce judgments against their football clubs. This approach would also be helpful in other sports, as there are growing calls for support for professionals in their dealings with teams and sports federations.

A numbering system known as Common Procurement Vocabulary (CPV) codes has been in force across the EU since 2008. The system was designed to identify the subject matter of public contracts in various member states and thus encourage contractors from throughout the EU to bid in tenders of interest to them. For years the CPV codes fulfilled this role, but recently it was noted that contracting authorities were increasingly assigning erroneous CPV codes to contracts. Thus the European Commission decided to tighten the CPV code system. Contract announcements assigning erroneous codes will no longer be published on the TED platform (Tenders Electronic Daily supplement to the Official Journal of the EU).

A competition compliance programme should protect an undertaking against commission of violations prosecuted by the competition authority. This applies to anticompetitive arrangements between competitors, or between suppliers and distributors, as well as abuse of a dominant position. Such infringements are threatened by punishment of up to 10% of an undertaking’s annual turnover.

Activity of law enforcement authorities concerning irregularities of a criminal nature can result in heavy losses to a company’s finances and image. Certain investigative and procedural measures (such as a search of corporate premises, seizing items or detaining people) can have a negative impact on the company’s business and reputation. The consequences can be even more serious if these measures lead to filing of allegations, indictment and conviction of high-ranking company officials. This is yet another argument for maintaining an effective compliance programme.