Real Property in Warsaw under Scrutiny

Warsaw LandscapeIn our blog posting back in February 2017, we wrote that the Polish Parliament had adopted a very controversial piece of legislation appointing an ad hoc Parliamentary Commission to review and deal with “reprivatization” decisions in Warsaw.

The term “reprivatization” refers to the real property that had previously been in private hands until the end of WWII, when it was nationalized by the state under the so-called “Bierut decree” (the Decree of October 26, 1945 on the Ownership and Usage of Real Property within boundaries of Warsaw, the “Decree”). After the fall of communism, the former owners, their heirs and those who purchased claims from them (very often called “real estate hunters”), sought to have such nationalization quashed and the property returned to them.

The situation has recently erupted in a large scandal, as the magnitude of the process and methods used by certain real estate hunters has come under intense scrutiny. Several persons engaged in this process have been arrested and members of the Warsaw regional government have been accused of negligence in their safeguarding of public property.

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What board members and executives should know about impact of the Proposed Amendment to the Commercial Code on Personal Liability?

Are you already a board member or executive of a Slovak company or about to become one? If so, you should know about the proposed amendment to the Slovak Commercial Code. The amendment aims to address the so-called “white horses” and “tunneling (asset stripping)” of the companies.

The amendment should come into force on 1 January 2018. As it is a draft bill only, it is still subject to changes. The amendment plans to introduce several new provisions that will also have an impact on personal liability of persons that serve or served as members of a statutory body of a Slovak company. Continue Reading

Transfer, But How? Cross-Border Flow of Personal Data Under GDPR

Binary TunnelIn a globalized world, the ability to transfer data between organizations located in different parts of the world is of the utmost importance.

The EU Data Protection Directive (GDPR), which will apply from 25 May 2018, governs the international transfer of personal data.

Data Transfer Within the EU

The free exchange of personal data between member states is a fundamental part of the EU’s basic principles. It arises from the four fundamental freedoms, i.e., the free movement of people, goods, services and capital. This principle is also reflected in the GDPR, which excludes the restriction or prohibition of the free movement of personal data within the EU or, even more broadly, within the EEA.

Data Transfer to Third Countries

Different rules apply when transferring data to a third country. GDPR does not define the term “third country”, but it should be assumed that this is a non-EEA country, such as the US and India.

Transfer of data to a third country occurs when it is made beyond EEA boundaries (e.g. data transfer via e-mail), regardless of whether the data will then be actively used (e.g. changed, deleted) or only stored (e.g. when the transfer took place for the purposes of storing them on servers located in India).

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New local tax for real estate developers in Slovakia

Money_HouseIf you are a real estate developer or are going to build a family house in Slovakia, your costs may increase due to new “development fee” introduced by the Act No. 447/2015 Coll. on Local Fee for Development and on Amendments and Supplements to Certain Acts (the “Act”). The Act gives the municipalities a right to introduce by their local regulations a new fee that applies in case of the construction or reconstruction of a ground structure in its territory. The payer of the fee will be the constructor that is constructing or reconstructing in the territory of the municipality, e.g. real estate developers but also individuals building or reconstructing their house. Continue Reading

BRIS – Interconnected Business Registers of EU Member States

As of June 2017, the business registers of all EU Member States are now interconnected. The system – called BRIS (Business Registers Interconnection System) – is a joint effort of the EU governments and the European Commission. According to the information provided in the European e-Justice portal, which provides access to the BRIS to individual users as well, you can search for information on companies registered in any EU country, Iceland, Liechtenstein or Norway and the registers can share information on foreign branches and cross-border mergers of companies. Continue Reading

Draft Regulation of Capital Funds in Slovakia

Euro_coins.Recently, the Ministry of Justice of the Slovak Republic (the “Ministry”) published a draft of amendment to the Slovak Commercial Code (the “Draft Amendment”) for public consultation. The Draft Amendment contains numerous substantial changes which we will discuss in series of separate blog posts. This post will look at the provisions relating to capital funds of companies. Continue Reading

The Digitalization of Slovakia

The Central Government Portal

Email design over blue background, vector illustration.

The creation of the Central Government Portal (CGP) has signaled the beginning of the digitalization of Slovakia. The CGP is an information system designed to provide users with official electronic communication with public authorities and with centralized and unified access to information resources through a single entry point.

Over the course of a few blog postings, we will look at some of the specifics relating to the digitalization of Slovakia. This post looks in more detail at the electronic mailboxes. Continue Reading

Consent for Processing Personal Data under GDPR (Poland)

Check ListWithin the vast range of changes implemented by the General Data Protection Regulation (GDPR), the scope of consent is mentioned as one of the most controversial. GDPR lists several basis for personal data processing, including consent of a data subject or legitimate business purpose of a data controller. Here we present a brief overview of the requirements regarding consent for data processing (excluding the consent of children which will be discussed separately).

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The Roadmap for Deployment of E-mobility Charging Infrastructure in Poland

Charging PumpWhile the Act on Electromobility is still in preparation, the Polish Minister of Energy brings a Policy for the Deployment of Alternative Fuels Infrastructure in its Easter egg basket. The goals for electricity, along with natural gas (CNG, LNG), are set out for 2020 and 2025.

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