Lesniewski Borkiewicz Kostka & Partners

Our work focuses on the tech industry, providing legal services tailored to specific needs.  

We have been dealing with privacy law and data protection since 2010, well before the world heard of GDPR. By supporting Poland’s largest social network and other entities over the years, we have significantly influenced the authorities’ approach in this area. The experience we gained has seamlessly prepared us for implementing GDPR for our clients since 2018. 

Our extensive experience has established us as special operation experts in the field of GDPR. Furthermore, we address intellectual property matters and various other challenges at the intersection of law and technology faced by modern businesses.   

Our clients include, inter alia, IT, TMT and e-commerce companies, ranging from international corporations to domestic software houses. We provide our services through individual projects or ongoing legal support. 

We deliver clear answers and propose effective solutions, equipping clients with tools to mitigate risks that arise internally. 

We are also a member of the Polish Chamber of Information Technology and Telecommunications and as the only Polish law firm, we have proudly served as a partner of the ICLG Legal Group in the areas of data protection and cybersecurity. 

We work with agility and communicate in simple language, both verbally and in writing. By becoming an integral part of our client's team, we prioritise effectiveness. This unique approach sets us apart, making us a preferred choice for tech professionals. Discover what we can do for you. 

Main Areas of Practice  

E-commerce: online business requires innovative, bespoke legal solutions. Achieving legal security while remaining innovative, dynamic and effective is key to success. As technology continuously evolves, legal advice must be equally dynamic. Our law firm has extensive experience working with major players in the e-commerce and TMT industries, including shops, applications and websites. We have supported the growth of the largest and most recognisable e-shops, as well as niche, boutique product and solution providers. 

Privacy & Data Protection: as advisors, we have been dealing with the protection of personal data since 2010, when the "old" Data Protection Act was in force. By supporting Poland’s largest social network and other entities over the years, we have significantly influenced the authorities’ approach in this area. The experience we gained has seamlessly prepared us for implementing GDPR for our clients since 2018. 

Game Development: we have been working with game developers since 2015, providing customised services to our Clients – from small independent studios to major players developing AAA games. Our main strength lies in our extensive practical experience. We have been involved in the creation of new entities (crafting the legal form to meet their specific needs) and in preparing comprehensive documentation for existing developers and game launches. This includes end-user licence agreements, terms of service, privacy policies, securing the issue of end credits, considering aspects of personal rights and GDPR and providing an adequate description of the game websites. 

Mergers, Transformations, Transactions (M&A): mergers, acquisitions, sales, conversions, and divisions of organisations are among our core specialisations. We understand that every business faces constant change, often necessitating modifications to its structure, attracting investors, obtaining financing or managing entry and exit strategies for ventures. Whether your plan involves internal reorganisation (intra-group transactions), dynamic growth through purchasing or acquiring another company or exiting the business (i.e. selling shares), we ensure these processes are carried out safely, optimally for all parties and with minimal operational and tax costs. Our strength lies in projects related to technology companies, online shops and IT organizations, as we have in-depth knowledge of these sectors. Each year, we advise on more than a dozen such processes, often involving cross-border aspects, real estate transactions and negotiations with demanding partners from around the world. Furthermore, we coordinate the work of law firms across different countries. 

IT Contracts: “Good fences make good neighbours.” Solid contracts are the backbone of business, especially in a rapidly changing IT environment. They address risks present at the time of signing as well as those that may arise in the future – during the contract's performance or after its termination. We prepare model contracts that consider the specific nature of the industry and the current practices of courts and authorities (as long as public institutions keep pace with changes). Our experts draft contracts with meticulously thought-out and tailored solutions, comprehensively securing taxation matters, including income tax, VAT and issues related to cross-border transactions. 

Employment Law & Structure: having the right team of specialists is crucial for gaining a competitive edge in modern business. We assist our Clients in effectively managing their workforce and establishing an optimal employment structure. 

Intellectual Property & Trademarks: running a business necessitates skillful utilisation of intellectual property. We offer effective legal tools that enable you to leverage the best market solutions and monetise while safeguarding your products, trademarks and know-how.  

Corporate Consulting & Compliance: operating as a commercial company involves adhering to various formal regulations, such as obtaining approvals from regulatory bodies, maintaining periodic reporting and record-keeping. We specialise in commercial and corporate matters related to the operation of both public and private companies. Our services include representing clients’ interests and providing legal support throughout every stage of a company’s lifecycle – from incorporation and development to sale or closure. We also conduct and assist in preparing for due diligence processes. 

Protection of Image, Reputation & Personal Rights: we specialise in protecting the image, reputation and personal assets of our Clients, including companies, public figures, influencers and artists. Our services include taking legal action against defamatory publications in social media and the press. 

Taxes: every contract, terms and conditions or business action carries specific tax implications, which may differ from its legal classification. When designing advice, transactions or documents, we meticulously review them for potential tax obligations, current regulatory practices and anticipated changes. Cooperating closely with tax advisors, experts and accountants, we ensure comprehensive solutions that are not only legally sound but also fiscally secure and feasible. 

Key Clients:
Global Logic. KGHM, KGHM TFI, CCC, Techland, Monterail, Modivo, Salesbook, Oktawave, Fabrity, Netia, Grzegrzółka Loterie, Angel Construction, Topacz Investments, Marchewka Investment; Nest Ubezpieczenia, Bank Ochrony Środowiska, Comtegra, Duoinvest, Try Evidence, Luna Corporate, GRIMME, Planday, Techstack, UCloud (Fiberax), Webmakers, Goldlack, Elastyczny Klinkier.