Traple Konarski Podrecki & Partners

A new EU law governing the media services sector entered into force on 7 May.

On 24 April 2024, the Ministry of Digital Affairs published a draft amendment to the National Cybersecurity System Act,

In the world of gaming, the legality of various types of software used for cheating or “enhancing” the gaming experience (usually in the form of plug-ins) continues to be a topic of debate.

According to individual interpretations of 30 April 2024 issued by the Head of the National Tax Chamber, benefits paid from a family foundation to the founding spouses are subject to partial personal income tax (ref. 0112-KDIL2-1.4011.113.2024.2.JK and 0112-KDIL2-1.4011.114.2024.2.JK).

The Court of Justice of the European Union (CJEU) has recently received further preliminary questions concerning the understanding of the concept of a work.

On 18 April, the Polish government officially commenced work on a law implementing the provisions of the Digital Operational Resilience Act (hereinafter “DORA”) into the national (polish) legal system.

A ruling of the Supreme Administrative Court confirmed that the use of peel-off labels is, in principle, allowed and that there is no obligation to include all mandatory information on one top layer of the label [1].

Trademarks may be cancelled if not used in a timely manner. However, there are exceptions. A trademark protection right can be retained despite even if the trademark in question is not used if there are compelling reasons to do so.

The Ministry of Economic Development and Technology has presented a draft law on amending certain laws to deregulate economic and administrative law and to improve the rules for drafting economic law (“Deregulation Act”).

By 17 October this year, EU member states are required to implement the NIS 2 Directive, which changes the cybersecurity landscape in the European Union.

The contracting authority awards the public contract to a specific contractor selected through a tendering procedure.

The President of the PPDPO has published an announcement on the sector audit plan for 2024.

CJEU Advocate General Maciej Szpunar delivered an opinion on 22 February 2024 in case C-135/23 concerning the interpretation of the concept of “communication to the public” of works.

The EU Digital Services Act (DSA) came into force on 17 February 2024. One of the key objectives of the new legislation is to ensure greater transparency in the area of online services,

On 11 January 2024, the Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (the so-called Data Act)[1] entered into force.

 At the end of 2023, European Union bodies concluded trilogue negotiations on the draft Artificial Intelligence Act (AI Act)[1].

The deadline for the implementation of NIS 2 Directive (17 October 2024) is just over six months away. It is therefore a good idea to start preparations now, including verify whether the organisation has policies and procedures in place to ensure compliance with the new regulation. 

 The President of the Office for Competition and Consumer Protection (UOKiK) announced the imposition of fines amounting to more than PLN 37 million for alleged price collusion and market sharing.

In the age of widespread artificial intelligence (AI) integration, over 90% of programmers now utilize AI tools such as ChatGPT, Microsoft Copilot, or Github Copilot in their software development workflows.

Recently there have been major changes to planning and land-use rules in Poland, due to an amendment to the Spatial Planning and Development Act of 27 March 2003 (consolidated text, Journal of Laws of 2023, item 977, as amended).

On 15 September, 2023, a judgment was issued by the District Court in Warsaw – Public Procurement Court (case no. XXIII Zs 60/23), which is of significant importance for foreign contractors applying for public procurement contracts in Poland.

There has been no consensus so far on whether data and market exclusivity can be perceived as IP rights.

On 9 November, 2023, the European Parliament adopted a compromise text for the proposal for the Data Act[1]. The new regulation is yet to be officially adopted by the Council of the European Union, but the contents of the future EU regulation are now known.

Consumers are looking at medicinal product trademarks with greater precision.

One of the main objectives of adoption of the EU Regulation – the Digital Services Act (DSA) was defining the rules on content moderation by digital service providers.

As of the new calendar year, lending institutions will be subject to Financial Supervision Authority (KNF) institutional oversight, and the respective legislative changes stem from the Anti-usury Act[1].

In Poland, the system of compensation for authors and other rightholders for private copying relies on fees charged per device or data carrier used for this purpose.

At the end of September, the CJEU delivered a ruling stating that where the wording of a provision in a consumer agreement template is equivalent to that of a clause listed as an abusive clause in the register of abusive clauses, this is by itself grounds for invalidation of that provision.

One of the main objectives of the adoption of the EU Regulation - the Digital Services Act (DSA) was defining the rules on content moderation by digital service providers.

Perpetual usufruct is title to use state-owned or local-government-owned real estate. The owner grants perpetual usufruct of the property for a period that is usually 99 years, for an annual fee.

The President has now signed into law an amendment to the Energy Law. One of the newly enacted provisions allows creation of citizen energy communities.

Work on a Polish legislative proposal for transposition of the Directive on copyright and related rights in the Digital Single Market (Directive 2019/790)[1] is still at an early stage, even though the deadline for transposition has passed.

On 25 August 2023, the Act on Combating Abuses in Electronic Communication (CAECA) was published in the Polish Journal of Laws.

Measures are being taken in Poland to pass legislation regulating influencer marketing.

The Commission's decision of 10 July, 2023, on the adequate level of protection of personal data under the EU-US Data Privacy Framework restores legal certainty for businesses that transfer personal data to US-based entities in the course of their activity.

The U.S. NIST recently released an update of a tool of its own design, the Cybersecurity Framework.

It is compulsory to use the Clinical Trials Information System (CTIS) when filing any new applications for clinical trials from 31 January 2023.

Rebranding of large companies’ trademarks is not uncommon, but rarely does a name change generate as much excitement as in the recent case of the social media platform Twitter (currently X).

29 August, 2023, saw the promulgation of the Act of 16 August 2023 amending Certain Laws to ensure Growth of the Financial Market and Protect Investors on that Market.

New civil law procedure regulations that entered into force on 1 July, 2023, include changes to rules regarding consumer-trader litigation.

Fraud might be expected to occur in a bank rather than in a court and the average business enterprise will rarely suspect that it could fall victim to fraud in court. This mistake could cost them dearly.

In midsummer, a new legislative proposal concerning franchising agreements emerged, causing concern for many franchisors. Although some of the most controversial ideas were dropped, the final version of the bill does not seem to recognize the risks involved in limiting the use of non-compete clauses in such agreements.

Although the Act on Private Enforcement of Competition Law has been in force in Poland for almost six years, cases of this kind are only now gaining momentum.

On 14 June, 2023, the European Parliament concluded many months of negotiations and adopted its position on the proposal for the Artificial Intelligence Act (AI Act)[1].

While the subject of IT contracts is mainly dealt with in the laws that broadly make up civil law, there are major restrictions on the parties’ freedom to formulate the wording of an IT contract in the case of public tenders.

The EU Digital Services Act (DSA) came into effect on 16 November, 2022. While some provisions in the DSA have already taken effect, it will apply in full from 17 February, 2024.

As of 1 July, 2023, new rules will take effect in the Civil Procedure Code on injunction procedures in IP cases.

A proposal has been submitted in the Sejm, in a motion initiated by MPs, to amend the Public Health Act and to legislate on the rules for sale, advertising,

Applying for a trademark that is identical to or resembles (with respect to a key element of distinctive character) marks held by a different business undertaking once a business relationship has ended is application made in bad faith.

Two of the most severe fines ever imposed by the President of the Personal Data Protection Office (DPA) for violations of the General Data Protection Regulation (GDPR) have been overturned in court proceedings.

On 7 June, 2023, another version of the proposed amendment to the NCSSA was posted on the Ministry of Digital Affairs public bulletin website.

The lockdown regulations issued following the outbreak of the Covid-19 epidemic,

At the end of March 2023, the EC filed an action with the CJEU against Poland for failing to implement the copyright directives.

Following criticism of the last proposal made by the Ministry of Climate and Environment for the bill, a new proposal was posted on the government website on 13 April 2023, substantially incorporating the suggestions made by the market with regard to the previous version. On 6 June, the Council of Ministers approved the draft and decided to submit it to the Sejm to be read and passed.

An encounter with a criminal procedure can be stressful and you do not have to be a suspect to tremble at the mere sight of a summons to an interview.