| In Principle

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.

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.

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.

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.

The Ministry of Development and Transport has published a long-awaited bill on certification of public procurement contractors. Certification is expected to make it easier for contractors to prepare bids, and increase the transparency of the contractor vetting process.

Work on the EU’s pharmaceutical package is just gaining momentum, but it is already clear how highly controversial the project is. The dispute turns around the protection of drug registration data. This protection helps compensate for the huge financial investment in developing new drugs, but on the other hand delays the registration of cheaper counterparts. The reform would change the duration of this protection and require pharma companies to meet additional conditions.

In public procurement proceedings initiated on or after 22 September 2023, contractors may again submit criminal record certificates according to the residence of the person referred to in the certificate.

The question might seem simple. The payment gridlock regulations (the EU’s Late Payment Directive and, in Poland, the Act on Combating Excessive Delays in Commercial Transactions) apply to commercial transactions. Although the regulations have been in force for more than a decade, in practice they still raise numerous doubts.

In this episode Jakub Macek discusses tax implications of a shareholder loan.

On 28 August 2023, an amendment to the Public Health Act was published, including an important change impacting the food industry. After lengthy debate, it was decided to impose an absolute ban on the sale of energy drinks to minors. Ultimately, proposed advertising restrictions were dropped, but new labelling requirements for beverages containing caffeine or taurine remain. Starting 1 January 2024, the new regulation will force manufacturers and vendors to adjust their internal procedures for marketing energy drinks in Poland.

In this episode dr Iga Małobędzka-Szwast, LL.M., discusses how to deal with personal data breaches.

In the newest episode Jakub Kokowski discusses the most common type of restructuring procedure in Poland, that is the procedure to approve an arrangement.