Traple Konarski Podrecki & Partners > Krakow, Poland > Firm Profile
Traple Konarski Podrecki & Partners Offices
KRÓLOWEJ JADWIGI 170
30-212 KRAKÓW
Poland
Traple Konarski Podrecki & Partners > The Legal 500 Rankings
Poland > Data privacy and data protection Tier 1
Described as ‘highly competent, responsive and practical’, the team at Traple Konarski Podrecki & Partners is noted for assisting organisations with the application and implementation of GDPR, and for the branching out of its advisory service cover AI systems, cloud computing and biometric data. Outside of providing advice, the firm also regularly represents clients before the Polish Data Protection Authority in both judicial and administrative proceedings. The practice is jointly led by Xawery Konarski, an expert in the field of new technologies who assists clients in providing online services for projects involving the implementation of the Digital Services Act; and Grzegorz Sibiga, who specialises in personal data protection and other matters of administrative law, including access to public information, re-use of public sector information and data opening, in addition to providing strategic advice in innovative areas such as data governance, AI governance and incident response.Practice head(s):
Grzegorz Sibiga; Xawery Konarski
Testimonials
‘Excellent team, solution- and business-oriented.’
‘Grzegorz Sibiga is a prominent expert in the field of personal data protection in Poland.’
‘The entire team of Grzegorz Sibiga is very knowledgeable and experienced.’
‘The individuals we’ve worked with in this legal team have consistently demonstrated qualities that make them stand out from the competition.’
‘Very good and professional team.’
‘TKP’s data protection practice is highly competent, responsive and practical. They have provided our company with comprehensive support across a wide range of data protection matters, consistently offering practical and well-thought-out solutions, even under tight deadlines.’
‘Grzegorz Sibiga is an extremely knowledgeable and versatile legal counsel. He stands out for his responsiveness and his extensive experience with data protection authorities and various regulatory matters, which has proven invaluable on several occasions.’
Key clients
Polskie Sieci Elektroenergnetyczne S.A
Henkel Polska sp. z o.o.
Minister of Health of the Republic of Poland
RTB House
GPW DAI S.A.
British American Tobacco Sp. z o.o.
City of Wrocław
Association of Data Protection Companies (Związek Firm Ochrony Danych Osobowych, ZFODO) and The Association of Data Protection Officers (SABI – Stowarzyszenie Inspektorów Ochrony Danych)
Bankowy Fundusz Gwarancyjny (The Bank Guarantee Fund)
CANAL + Polska S.A
Work highlights
- Representing the Minister of Health in a case involving a complaint against a decision by the Polish DPA following the publication of health data from a governmental database on social media.
- Prepared a legal opinion for Association of Data Protection Companies on the avoidance of conflict of interest by data protection officers.
- Advised Polskie Sieci Elektroenergetyczne S.A. on its obligations under GDPR while acting as the Energy Market Information Operator.
Poland > Intellectual property Tier 1
Lauded for its ‘outstanding professional knowledge’, Traple Konarski Podrecki & Partners counts IP law as one of its key areas of focus. The group is active in a range of IP disputes and represents clients in judicial and administrative proceedings. Sitting at practice head level, the team is jointly led by co-founding partner Paweł Podrecki; Beata Matusiewicz-Kulig, who specialises in unfair competition and copyright matters; Tomasz Targosz , whose expertise lies in disputes regarding copyright and patent rights; Anna Sokołowska-Ławniczak, who leads on the brand management work; and Agnieszka Schoen, who is knowledgeable of copyright law, notably matters related to collective management organisations.Practice head(s):
Paweł Podrecki; Beata Matusiewicz-Kulig; Tomasz Targosz; Anna Sokołowska-Ławniczak; Agnieszka Schoen
Other key lawyers:
Justyna Sitnikow
Testimonials
‘Traple Konarski Podrecki & Partners is a group of highly skilled and educated people that combine academic knowledge with business practice. They have many notable people on board shaping the IP law in Poland who, at the same time, are successful entrepreneurs, what makes them unique.’
‘Long-standing practice, best individuals known in the IP field, experience, effectiveness, reliability.’
‘Big experience in IP matters.’
‘Outstanding professional knowledge.’
‘Traple Konarski Podrecki & Partners is a famous firm of the legal advisors of a great professional experience.’
‘The Traple Konarski Podrecki & Partners firm is established by the group of scientists of the Faculty of Law of the Jagiellonian University in Cracow. Most of them are of the high scientific degree position (professors, assistant professors); they are also the authors of numerous handbooks with lectures for the students of law faculty and relative, as well as comments to the law and decisions and sentences of the courts.’
Key clients
Stowarzyszenie Filmowców Polskich (Polish Filmmakers Association)
Lotte Wedel sp. z o.o.
PPUH VOIGT Sp. z o.o.
MWS Sp. z o.o.
Henkel Polska
Layher sp. z o. o.
Mlekpol
Poland > TMT Tier 2
Traple Konarski Podrecki & Partners’ TMT offering continues to include its selected key areas – IT law, media, data protection and fintech, providing a broad range of expertise for its diverse client roster. Recently the firm has expanded its practice to also include digital services and AI, focusing on new regulations in these respective areas. Leading the firm is Xawery Konarski, who is particularly adept in the field of new technologies, and provides advice on projects involving the implementation of the Digital Services Act.Practice head(s):
Xawery Konarski
Testimonials
‘Provided a customer-oriented approach.’
‘Top-notch expertise and support. Proactiveness in looking for solutions and going beyond scope if they see it is needed for the client. Capability of building the relationships based on trust and care.’
‘The best thing about the firm is the team.’
‘Traple Konarski Podrecki Law firm has a unique ability to create real interdisciplinary teams within a specific practice. I value the diversity of skill sets, and multiple sets of unique competencies that differentiate from one lawyer to another within a single team.’
Key clients
State Treasury – General Director for National Roads and Motorways
PGNiG Retail
Mazovia Development Agency Plc.
Polish Chamber of Information Technology and Telecommunication
State Fund For Rehabilitation of Disabled People
Work highlights
Poland > Competition/antitrust Tier 3
Known for its bespoke antitrust offering, the team at Traple Konarski Podrecki & Partners advises on pricing policies, mergers and antitrust risk mitigation for a client base that spans various industries, most notably construction. Jointly leading the practice is Paweł Podrecki, who assists novel market players seeking to operate in Poland, and Tomasz Targosz, who represents clients before the Office of Competition and Consumer Protection. Also key to the practice is Katarzyna Menszig-Wiese who assists with antitrust issues.Practice head(s):
Paweł Podrecki; Tomasz Targosz
Testimonials
‘Very experienced team with great academic knowledge.’
‘Individual approach, professionalism, complexity.’
Key clients
Henkel Polska Sp. z o.o.
Polish Association of Ready Mixed Concrete Producers
Polish Cement Association
Maspex Group Sp. z o.o.
Poland > Banking and finance Tier 5
The financial institutions and payment services team at Traple Konarski Podrecki & Partners has a wide-ranging client roster, including banks, credit unions, payment institutions and settlement agents, to name a few. In addition to supporting these clients with their payment services matters, the team is well-versed in regulatory mandates before supervision authorities. Jan Byrski sits at the helm of the practice with notable expertise in financial innovation law.Practice head(s):
Jan Byrski
Other key lawyers:
Michał Synowiec; Przemysław Janczak
Testimonials
‘Very good understanding of the legal environment and business needs.’
‘Jan Byrski is recommended.’
‘The team is excellent. The service provided is highly qualified and managed to deliver very satisfactory work results even in the case of low budget constraints. Uncomplicated and more goal-oriented work than others.’
‘We are working with Jan Byrski for many years. They are very pleasant contacts who, in addition to their legal knowledge, also keep an eye on the business challenges of their clients. They are extremely well connected throughout the region.’
‘We would like to make a special mention of their team, who have also supported us for some time with exemplary commitment and very good work results.’
‘Those are the top experts in their fields of expertise.’
‘They have both expertise and experience in fintech law.’
‘They offer a full spectrum of legal services in fintech law. They are not afraid to implement unconventional solutions, even in international markets. They always do their job on one hundred percent. Especially thanks to Jan Byrski.’
Key clients
Polska Izba Informatyki i Telekomunikacji
Polska Organizacja Handlu i Dystrybucji
Związek Banków Polskich
Fundacja Na Rzecz Innowacji Finansowych FinTech Polska
Work highlights
- Representing POHiD in two related court cases arising from the UOKiK’s decision on 29 December 2006.
- Advising ZBP (the association of all banks in Poland) on the consultation process for regulatory technical standards (RTSs), implementing technical standards (ITSs) and guidelines.
- Advising the FinTech Poland Foundation, a promoter of the FinTech sector and financial innovation.
Traple Konarski Podrecki & Partners > Firm Profile
Traple Konarski Podrecki & Partners is one of the leading law firms on the Polish market. The firm’s lawyers have been carefully selected on the basis of their knowledge of law, practical skills, fluency in foreign languages and vocational experience gained during apprenticeships and fellowships abroad. Many of the firm’s lawyers are considered leading experts in their respective fields in Poland.
The firm often represents clients in court litigation and in administrative proceedings, combining experience in procedural law with a deep understanding of the legal and factual issues relevant for the particular case. Apart from representing given clients, the firm – while serving chamber of commerce – also represents whole sectors (ie FinTech, IT&telco, insurance and Internet). The firm’s lawyers have produced numerous publications, including books and monographs concerning civil, intellectual property, internet, advertising and pharmaceutical law.
Intellectual property: The firm’s services in the field of intellectual property include in particular:
- Comprehensive legal assistance and representation in copyright matters, including enforcing copyright before courts
- Drawing up agreements for use of works for producers, publishers, and cultural institutions
- Advising entities running digital platforms and providing subscription movie channels
- Advising and representing Polish and foreign organisations for the collective administration of copyright and related rights
- Drafting agreements dealing with a full range of issues relating to the production of audiovisual programmes
The legal assistance the firm provides with respect to industrial property focuses on redress against IP infringements (patent and trademark rights, domain names), representation before the Polish Patent Office and OHIM in disputes concerning invalidation of exclusive rights, and drafting assignment, licensing, know-how and research and development agreements. In collaboration with patent attorneys the firm also renders intellectual property services, providing representation before the Polish Patent Office, OHIM and European Patent Office in Munich.
Technologies media and telecommunications: The firm’s TMT practice group is one of the most experienced in Poland, and constantly advises a large number of Polish and foreign entities operating in the sector. At the moment the firm serves more than 50 TMT clients, some of them not only in Poland but – the through CEE Legal HUB – also in 21 CEE jurisdictions. The legal services the firm provides in this area are focused on five main fields:
- Telecommunications, radio and television broadcasting
- E-commerce
- Internet law
- Intellectual property and new technologies (e.g. VoD platforms)
- E-government
- Cybersecurity
IT: The firm provides comprehensive advisory services relating to agreements for production and implementation of custom-made IT systems as well as standard systems adapted according to the needs of specific clients. The firm draws up agreements for creation of system specifications, performance of pre-implementation analyses, production and implementation of an IT system and maintenance services (guarantee and post-guarantee). In the field of IT law, our service include:
- Audits of the legality of software
- Assistance with IT contracts negotiation (in all models of software distribution)
- Handling disputes in the IT industry
- Ensuring effective protection of IT systems and their components
- Implementation of a system for tax deduction of 50% of the cost of revenue in IT companies
Data protection, GDPR: Protection of information, including personal data, has for many years been one of the leading areas of interest for the firm and at the moment the firm serves on a permanent basis more than 60 controllers. The firm has extensive experience in proceedings conducted by the President of the Personal Data Protection Office and in proceedings before administrative courts, including the Supreme Administrative Court. The firm also actively participates in legislative works on new regulations concerning personal data protection, including adaptation of Polish laws to the General Data Protection Regulation (GDPR).
Competition: The firm provides clients with a whole range of services in this regard, including representation in litigation proceedings, legal assistance and advice in negotiations, and representation in proceedings before the Chairman of the Office for Competition and Consumer Protection and the European Commission. The competition practice group provides above all the following services:
- Legal analysis of sales networks in respect of their compliance with competition rules
- Legal advice on the principles of franchise activities
- Legal analysis of partnership agreements in respect of their compliance with competition law
- Cases of abuse of dominant position
- Preparation of corporate mergers and acquisitions
The firm has extensive experience in unfair competition issues, including advertising and protection of business secrets.
Financial institutions and payment services (FinTech): Financial institutions and payment services (FinTech) is one of the key expertise areas of the firm, both with regard to the relations between financial institutions and supervisory authorities and between institutions and their clients (consumer), as well as outsourcing partners. The range allows the firm to offer legal assistance to:
- Banks, crediting institutions.
- Clearing agents, acquirer
- Providers of payment services, in particular payment institutions and payment services offices
- Payment schemes
- Mobile payment providers
- Agents of financial institutions (outsourcing partners)
- Service providers in the area of money transfers and bill payments
- Insurance companies and reinsurance companies
Dispute resolution and arbitration: The firm’s legal team handles all aspects of court litigation and arbitration proceedings. In particular, the firm represents clients in disputes concerning:
- Intellectual property, in particularly copyright, patent and trademark infringements
- Unfair competition
- General and commercial contract, tort law and real estate
- Press law, including cases concerning the protection of personal interests
- Antitrust matters
- Administrative matters, including disputes before administrative courts concerning investment processes
- Criminal proceedings, in particular involving copyright and industrial property
- Labour matters
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| International Committee | Xawery Konarski | [email protected] | +48 22 850 10 10 |
| International Committee | Anna Sokołowska-Ławniczak | [email protected] | +48 22 850 10 10 |
Lawyer Profiles
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Michał Synowiec | Attorney-at-law, Counsel | View Profile |
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Arkadiusz Baran | Attorney-at-law, Counsel | View Profile |
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Jan Byrski | Attorney-at-law, Partner, Head of FinTech Team | View Profile |
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Karolina Grochecka-Goljan | Attorney-at-law, Senior Associate | View Profile |
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Anna Jelińska-Sabatowska | Attorney-at-law, Managing Associate | View Profile |
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Rafał Klimek | Attorney-at-law, Partner | View Profile |
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Xawery Konarski | Attorney-at-law, Senior Partner, Co-Managing Partner, Head of TMT Practice | View Profile |
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Wojciech Kulis | Attorney-at-law, Partner, Head of Business Law Team | View Profile |
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Beata Matusiewicz-Kulig | Attorney-at-law, Co-Managing Partner, Head of Dispute Resolution and Arbitration Team | View Profile |
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Katarzyna Menszig-Wiese | Attorney-at-law, Managing Associate | View Profile |
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Piotr Nepelski | Attorney-at-law specializing in public procurement law and commercial contract law, with a… | View Profile |
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Dominika Nowak-Byrtek | Attorney-at-law, Managing Associate | View Profile |
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Paweł Podrecki | Attorney-at-law, Senior Partner, Co-Managing Partner, Head of Intellectual Property Practice | View Profile |
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Agnieszka Schoen | Attorney-at-law, Partner, Head of Copyright Team | View Profile |
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Grzegorz Sibiga | Attorney-at-law, Partner, Head of Data Protection and Privacy Team | View Profile |
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Justyna Sitnikow | Attorney-at-law, Senior Associate | Warsaw | View Profile |
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Anna Sokołowska-Ławniczak | Patent and Trademark Attorney, Partner, Head of Industrial Property and Brand Management… | View Profile |
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Tomasz Targosz | Attorney-at-law, Partner, Head of Competition Law Team | View Profile |
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Agnieszka Wachowska | Attorney-at-law, Co-Managing Partner, Head of the IT, Telecommunications, and Public Procurement Team | View Profile |
Staff Figures
Number of lawyers : 60Languages
English Polish French GermanMemberships
Polish Chamber of Information Technology and Telecommunications (PIIT) ASPIRE ECTA Global Leaders Forum (GLF) Internet Advertising Buerau Europe (IAB Europe) International Network of Privacy Law Professionals (INPLP) International Technology Law Association (ITechLaw) International Trademark Association (INTA) MARQUES International Chambers of CommercePress Releases
Impact of forthcoming legal changes on the performance of creditworthiness assessments using artificial intelligence
6th November 2024 On 12 July 2024, the Act on Artificial Intelligence (AI Act) was published in the Official Journal of the European Union, as the first EU regulation in this field.The Warsaw Intellectual Property Court has resolved the issue of granting an injunctive relief in a recent high-profile dispute in Europe concerning the infringement and validity of patent EP1845961 for rivaroxabine
6th November 2024 The patent claims cover rivaroxabine in the form of rapid-release tablets and only one feature regarding the use of this substance: once a day.Polish Government announces tax changes to reduce use of family foundations for tax optimization
6th November 2024 On 12 August 2024, the Government published information regarding a proposal for amendment to the Personal Income Tax Act, the Corporate Income Tax Act and certain other acts.New PKD codes from 1 January 2025
6th November 2024 In September 2024, the Council of Ministers presented a legislative proposal to revise the Polish Classification of Activities (PKD), which will come into force at the beginning of 2025.TDM finally in the Polish law. What does the amendment to the copyright law introduce in this respect?
6th November 2024 On 20 September 2024, an amendment to the Polish Act on Copyright and Related Rights (ACRR) entered into force,Legal Developments
The Electronic Communications Law enters into force. What are the new obligations for electronic communication entrepreneurs?
18th November 2024 On 9 August 2024 the Electronic Communications Law was published in the Journal of Laws [1].Impact of forthcoming legal changes on the performance of creditworthiness assessments using artificial intelligence
18th November 2024 On 12 July 2024, the Act on Artificial Intelligence (AI Act) was published in the Official Journal of the European Union, as the first EU regulation in this field.The Warsaw Intellectual Property Court has resolved the issue of granting an injunctive relief in a recent high-profile dispute in Europe concerning the infringement and validity of patent EP1845961 for rivaroxabine
18th November 2024 The patent claims cover rivaroxabine in the form of rapid-release tablets and only one feature regarding the use of this substance: once a day.Polish Government announces tax changes to reduce use of family foundations for tax optimization
18th November 2024 On 12 August 2024, the Government published information regarding a proposal for amendment to the Personal Income Tax Act,New PKD codes from 1 January 2025
18th November 2024 In September 2024, the Council of Ministers presented a legislative proposal to revise the Polish Classification of Activities (PKD),Permission for the acquisition of real estate in Poland by foreigners
18th November 2024 Buying a property is always quite a complex process, often requiring an adequate audit, raising funds, identifying tax obligations and participating in long-lasting negotiations.Polish DPA bans Meta from processing personal data of two public figures for displaying deepfake ads
18th November 2024 The text discusses two landmark decisions by the Polish Data Protection Authority (DPA) regarding Meta's use of data from two public figures in deepfake advertisements on Facebook and Instagram.EU fight against illegal logging and new obligations for entrepreneurs
18th November 2024 Entrepreneurs have to comply with new EU legislation not later than until 30 December 2024.TDM finally in the Polish law. What does the amendment to the copyright law introduce in this respect?
18th November 2024 On 20 September 2024, an amendment to the Polish Act on Copyright and Related Rights (ACRR) entered into force,The Electronic Communications Law enters into force. What are the new obligations for electronic communication entrepreneurs?
6th November 2024 On 9 August 2024 the Electronic Communications Law was published in the Journal of Laws [1].Permission for the acquisition of real estate in Poland by foreigners
6th November 2024 Buying a property is always quite a complex process, often requiring an adequate audit, raising funds, identifying tax obligations and participating in long-lasting negotiations.Polish DPA bans Meta from processing personal data of two public figures for displaying deepfake ads
6th November 2024 The text discusses two landmark decisions by the Polish Data Protection Authority (DPA) regarding Meta's use of data from two public figures in deepfake advertisements on Facebook and Instagram.EU fight against illegal logging and new obligations for entrepreneurs
6th November 2024 Entrepreneurs have to comply with new EU legislation not later than until 30 December 2024.European Media Freedom Act (EMFA): EU’s Weapon in the Fight for Pluralistic and Independent Media?
8th July 2024 A new EU law governing the media services sector entered into force on 7 May.Publication of a draft law implementing the NIS 2 Directive
8th July 2024 On 24 April 2024, the Ministry of Digital Affairs published a draft amendment to the National Cybersecurity System Act,A “game-changing” opinion from the CJEU’s Advocate General offers legal perspective on cheat software
8th July 2024 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.Family foundations only for singles? Controversial individual interpretations regarding disbursements from a family foundation established jointly by spouses
8th July 2024 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).New preliminary questions to the CJEU concerning the concept of a ‘work’ – practical conclusions
8th July 2024 The Court of Justice of the European Union (CJEU) has recently received further preliminary questions concerning the understanding of the concept of a work.Work on the implementation of the Polish law transposing the Digital Operational Resilience Act (DORA) into Polish legislation
8th July 2024 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.Changes in food labelling
8th July 2024 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].Valid reasons for not using trademarks
8th July 2024 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.Deregulation Act – changes for entrepreneurs
8th July 2024 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”).The future of public procurement in the context of the ongoing legislative work on the implementation of NIS 2
8th July 2024 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 Public Procurement Office confirmed the possibility of the contracting authority’s possibility to transfer receivables due to a subcontractor
3rd June 2024 The contracting authority awards the public contract to a specific contractor selected through a tendering procedure.How to prepare for the audit carried out by the President of the PPDPO?
3rd June 2024 The President of the PPDPO has published an announcement on the sector audit plan for 2024.Right of communication to the public of works once again examined by the Court of Justice of the European Union
3rd June 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.Do online shops need to comply with the Digital Services Act?
3rd June 2024 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,Data Act – will it affect cloud contracts and service provider obligations, and if so, how?
3rd June 2024 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.Work on the AI Act. The financial sector’s perspective on artificial intelligence regulations
3rd June 2024 At the end of 2023, European Union bodies concluded trilogue negotiations on the draft Artificial Intelligence Act (AI Act)[1].How to implement the NIS 2 Directive? Brief overview of required policies
3rd June 2024 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.Severe penalties for collusion in the electronic monitoring equipment market
3rd June 2024 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.Coding with AI: Navigating copyright in the era of Copilot
3rd June 2024 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.A planning permit can be obtained in Poland if land to be developed is located within a development zone
3rd January 2024 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).Exclusion of a foreign contractor from the proceedings
3rd January 2024 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.Is orphan exclusivity a new IP right?
3rd January 2024 There has been no consensus so far on whether data and market exclusivity can be perceived as IP rights.Data Act: new obligations on data access
3rd January 2024 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.(Non-)obvious assessment of trademarks for medicinal products
3rd January 2024 Consumers are looking at medicinal product trademarks with greater precision.User Content Moderation under the Digital Services Act – 10 key takeaways
3rd January 2024 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.Oversight of lending institutions by the Financial Supervision Authority (KNF)
3rd January 2024 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].The difficult road to revising the Polish system of fair compensation for private copying
3rd January 2024 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.Consumer law: AI is reviewing your contract templates online right now
3rd January 2024 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.User Content Moderation under the Digital Services Act – 10 key takeaways
6th November 2023 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.A step closer to perpetual usufruct being abolished in Poland
26th September 2023 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.President signs an amendment to the energy law
26th September 2023 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.Disclosure obligation under art. 19 of Directive (EU) 2019/790 and the proposal for transposing it in Poland
26th September 2023 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.The Act on Combating Abuses in Electronic Communication: new obligations for telecommunications operators and e-mail providers
26th September 2023 On 25 August 2023, the Act on Combating Abuses in Electronic Communication (CAECA) was published in the Polish Journal of Laws.Penalties for trash-streaming – legislation to combat harmful content online
26th September 2023 Measures are being taken in Poland to pass legislation regulating influencer marketing.The European Commission has issued a decision on the adequate level of protection under the EU-US Data Privacy Framework
26th September 2023 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.Proposal for the new NIST Cybersecurity Framework now revealed
26th September 2023 The U.S. NIST recently released an update of a tool of its own design, the Cybersecurity Framework.The EMA has released official guidance on the protection of personal data and commercially confidential information in the Clinical Trials Information System (CTIS)
26th September 2023 It is compulsory to use the Clinical Trials Information System (CTIS) when filing any new applications for clinical trials from 31 January 2023.Rebranding using Twitter as an example. Will this change work out for the better?
26th September 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).An Act amending Certain Laws to ensure Growth of the Financial Market and Protect Investors on that Market (Warzywniak – the “general store” act)
26th September 2023 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.Legislative developments concerning consumer-trader disputes
26th September 2023 New civil law procedure regulations that entered into force on 1 July, 2023, include changes to rules regarding consumer-trader litigation.Less is more? Brief remarks on fraud in court
26th September 2023 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.Limits on a non-compete clause in a franchising agreement: looming risks for franchisors
26th September 2023 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.Will the President of the Office of Competition and Consumer Protection (UOKiK) provide support in the pursuit of claims for breach of competition law?
5th July 2023 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.The latest version of the Artificial Intelligence Act proposed by the European Parliament redefines AI systems and the way they are classified
5th July 2023 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].Abusive clauses in IT contracts in public tenders
5th July 2023 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.Forthcoming changes regarding online advertising
5th July 2023 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.New rules on injunction procedures in IP cases
5th July 2023 As of 1 July, 2023, new rules will take effect in the Civil Procedure Code on injunction procedures in IP cases.From January 2024, major restrictions on sale and advertising of energy drinks are envisaged under Polish law
5th July 2023 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,When a business party applies for a trademark in bad faith
5th July 2023 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.DPA decisions imposing administrative fines annulled
5th July 2023 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.The next in a series of proposals for amendment of the National Cybersecurity System Act (NCSSA). Is the NCSSA close to being enacted?
5th July 2023 On 7 June, 2023, another version of the proposed amendment to the NCSSA was posted on the Ministry of Digital Affairs public bulletin website.What the end of the state of epidemic emergency would mean for CSOs
5th July 2023 The lockdown regulations issued following the outbreak of the Covid-19 epidemic,Work to implement the DSM and SatCab directives to Polish law still underway…
5th July 2023 At the end of March 2023, the EC filed an action with the CJEU against Poland for failing to implement the copyright directives.The bill on a deposit refund scheme will be considered by the Sejm
5th July 2023 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 unwilling (?) witness in a criminal case
5th July 2023 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.- Data privacy and data protection
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