| In Principle

Alcoholic beverages with counterfeit trademarks are just part of the fraudulent alcoholic beverages market. Fraud can also mean giving false information about a product’s properties. Penal sanctions can be imposed on perpetrators of both types.

The Polish Supreme Court has confirmed that there is no reason not to confirm that a foreign judgment against a bankrupt company is enforceable, and issue an enforcement clause. Courts of lower instance have ruled out this possibility.

Contracting authorities have to bear in mind that protected personal data are processed in their procedures. Procedure documentation has to comply with new laws now that the GDPR is in effect.

The issue of limits on construction of new on-shore wind turbines was examined by the CJEU. Have technical provisions been introduced without notification of the European Commission, and does this mean that Polish courts are required to refuse to apply them?

A bill has been submitted to the Sejm proposing major changes to the procedure for classification of objects or substances as by-products. If the amendment is passed, this will have a negative impact on anybody who uses such products in their activity. All classifications of objects or substances as by-products performed under the current laws will expire six months after the new bill comes into force.

The Supreme Administrative Court recently reviewed a case concerning unauthorised change of use of real estate. According to the construction permit it was supposed to be a residential part of a building, but was converted into rooms to be let.

Hiring employees according to a task-based working system when there are no grounds for applying a system of that kind, and where the level of tasks required of an employee is not properly selected, could prove costly for an employer in the event of a dispute.

Today (24 May 2018) is the last day for adjusting business operations to comply with the new requirements of the General Data Protection Regulation. The Article 29 Data Protection Working Party takes the view that under the GDPR, practically all employers must maintain a record of processing activities with respect to their employees’ data.

The EU’s General Data Protection Regulation enters into force tomorrow (25 May 2018). The GDPR changes the legal classification of data contained in certificates of a clean criminal record. Unlike other changes in the GDPR, this change represents a step toward liberalisation. How will data of this type be treated?

Employers must deal with the consequences of group layoffs long after carrying them out. Their freedom to hire new workers in the future is limited, as they must first rehire staff terminated in the group layoff.

Less than two weeks ago the Act of 13 April 2018 Amending the Civil Code and Certain Other Acts reached the desk of the President of Poland. The act has become the subject of debate, as it calls for shortening of the general limitations periods for claims and modifies the ability of enterprises to pursue claims against consumers after the limitations period expires. There is also a change in execution procedure affecting the ability to conduct electronic attachment of the debtor’s bank account.

An amendment to the Polish Unfair Competition Act extends the legal protection given to trade secrets. But information known to or easily attainable for people in a particular sector or familiar with a particular subject will not constitute trade secrets even if the information is not disclosed to the general public. Labelling it “confidential” might not be sufficient.