Aleksandra Wasilewska – GC Powerlist
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Central and Eastern Europe 2019

Food, beverages and tobacco

Aleksandra Wasilewska

Counsel, Poland, European Union (EU) department | Philip Morris Polska Distribution

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Central and Eastern Europe 2019

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Aleksandra Wasilewska

Counsel, Poland, European Union (EU) department | Philip Morris Polska Distribution

About

What are the most important transactions and litigations that you have been involved in during the last two years?

During the last two years I was involved in the project that focused on the preparation of Polish affiliates of Philip Morris International (PMI) to upcoming legislation regarding the European system of tobacco traceability and security features (so called “Track and Trace”) entering into force in May 2019.

The aim of upcoming legislation was to fight illicit trade of tobacco as Tobacco Products Directive 2014/40/EU and related acts (TPD) provided for EU-wide Track and Trace to address this issue. The Track and Trace aim was to contribute to reduce the circulation of non-compliant tobacco products. Under Track and Trace all unit packets of tobacco products shall be marked with a unique identifier (“codes”) and all economic operators involved in tobacco trade are required to record the movements of these packets throughout the supply chain and transmit the related information to an independent provider.

As a counsel supporting such projects I was involved in the project team from the beginning, including an advisory role on interpretation of implemented EU and Polish legislation and regulation, through legal assessments on imposed obligations on PMI/Polish affiliate or contracts negotiations, to the end i.e. supporting compliant go-live of Track and Trace in Polish affiliate with tight deadlines and technical complexity. Being
a member of a cross-functional project team (i.e. IS, IT, operations, supply chain, finance, distribution teams) I had opportunity to work on a complex matter which was challenging but showed how close legal-business cooperation is important and valued by others. This included also cooperation with internal and external stakeholders (i.e. economic operators involved in tobacco supply chain or entity issuing codes – PWPW S.A.). This project was very important for Polish affiliates not just from sale and distribution perspective but also because of the manufacturing entity (Cracow based) that produces tobacco products for Poland and other EU Member States.

 

How important are “soft skills” or personal attributes outside of technical legal skill, and which “soft skills” do you feel are most important for an in-house lawyer to possess?

 

I find “soft skills” relevant to the in-house lawyer’s work due to the constant need of close cooperation with the business and various departments of the company. In my opinion the most important soft skills for in-house lawyer to possess are:

Communication – precise and to the point communication is valuable in fast moving environment.

Communicate in simple way and avoid using “legal language”.

Solutions orientation – besides legal knowledge and expertise, it is important for in-house lawyers to approach a legal problem with a finding solutions attitude rather than focusing on potential obstacles.

Honesty, confidence and speak up – it is important to be confident in your views and opinions and speak up where necessary.

In-house lawyers are not outside of the business, they are part of it. Therefore, there are expectations that they will take part in decision making processes and manage risk holistically and look at the matters in more complex way.

What are the main qualities you look for in a potential new hire?

The main qualities I look for in a potential new hire are: being open-minded, responsible and taking ownership, having a can-do attitude, being honest and loyal, having the ability to advise to maximise business opportunities while minimising risk.

 

What advice would you give to any peers or colleagues working in the Polish market for the first time?

 

Work closely with others, don’t be afraid to ask questions and raise your concerns. Adapt to fast working environments, especially in the FMCG sector. Have can-do and creative approach within legal regulations and limits. On a personal note: enjoy your time in Poland and travel.

What can law firms in Poland, and the wider CEE region, do to win more business from you?

Prepare precise and tailored legal analysis/advice with clear communication regarding potential legal risks. Have a can-do attitude having in mind legal regulations. Advise and inform your clients about new laws/law interpretations and relevant case law that may be relevant for my business. Stay up to date and adapt to changing environments – specialise in new areas of law and technologies (digital/legal tech).


FOCUS ON… In-house EVOLUTION

The evolving role of the in-house lawyer.

The position of the legal in-house lawyer is continuously changing. The in-house legal
counsel should focus now not only on law but
also on other non-legal tasks and topics as now
they are positioned to be a part of the business
and not “outside” the business. This requires from
in-house lawyers to go beyond their traditional
role and understand the business, its strategy
and objectives to be able to take part in decision making processes.

A consumer driven/centric world, especially in the FMCG sector, and economic and business environment influence the way the legal function is positioned. It is expected by the companies that an in-house counsel will be business partner in the company rather than “just” legal advisor. An in-house counsel giving an advice has to take into account and think about his/hers “internal” client’s/consumer needs (that are in fact driven by “external” clients and consumers’ needs and expectations). Thus, while giving legal advice and expressing our legal judgement we shall also take this fact into account and put our (internal or external) consumer at the core.

The changing role of legal in-house lawyers, from “traditional” in-house legal counsel to a business partner is already a reality. Therefore, the “new” (or rather “current”) legal professional should not only understand and solve the traditional legal issues but also have a deeper knowledge of the business aspects.

In my opinion, this new role for in-house lawyers seems more exciting and challenging. From my experience, it gives different perspectives and holistic views on how business is run. Also it gives me the opportunity to collaborate with various departments and people that I can learn from. And if a business project is done and goes well, you can see the tangible results of your work.

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