Squire Patton Boggs

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COVID-19 and Employment Personal Data Processing in Poland – Q&A

Here are the most frequently asked questions regarding personal data processing in the context of employment which have not been explicitly addressed in the supervisory authority’s statement on data processing in light of the coronavirus pandemic (mentioned in our previous post). Our answers draw on core data protection rules, binding labour law provisions, Chief Labour … Continue Reading

Poland: Processing Personal Data in the Context of Employment During the Coronavirus Pandemic

Polish Supervisory Authority’s Guidance On March 12, the Polish supervisory authority (the President of the UODO) issued a statement on data processing in light of the coronavirus pandemic. This statement (available in Polish here) is short on certain details and it is, therefore, of little guidance. It is silent on particular questions which have plagued … Continue Reading

COVID-19: Your Employment-related Questions Answered – Czech Republic

As the coronavirus disease (COVID-19) spreads worldwide, businesses in the Czech Republic face practical and legal employment challenges as they take measures to further the immediate goal of preventing the spread of physical infection to and within their workforces. This insight includes questions and answers on how to handle the most frequent issues faced by … Continue Reading

Corporate Power Purchase Agreements – The Preferred Route for Corporates to Secure Renewable Energy Supplies in a Decarbonized World  

The Changing Renewables Support Landscape Over the last couple of years, a combination of subsidy erosion or removal, lower auction prices, reduction in embedded benefits and power market volatility has led to an absence of long-term revenue certainty and forced generators and developers to explore new models for their projects. Simultaneously, corporates are increasingly targeting … Continue Reading

New Whistleblower Protection in the EU – Time to Reshape The Compliance Programmes of Czech Companies

In October 2019, the Council of the European Union formally adopted a new Directive for the Protection of Whistleblowers, requiring both private and public organisations to create safe channels for reporting across a wide range of areas, including public procurement, financial services or money laundering. Member States will have two years to transpose the Directive … Continue Reading

Poland: December 2019 RES Auction Results Announced

On December 19 and 20, 2019, the President of the Energy Regulatory Office (URE) announced the results of the renewable energy purchase auctions held between November 25 and December 13, 2019. The auctions included both existing and new renewable energy sources (RES) installations. Obviously, onshore wind farms and photovoltaics (PVs) garnered the most interest. The … Continue Reading

New era for the Czech Republic’s eGovernment services – BankID is on the horizon

The framework of digital identity is about to be revolutionized in the Czech Republic. A group of deputies is proposing a bill that will allow banks to participate in the state digital identity scheme. Bank ID is intended to be used to access eGovernment services but also some services in the private sector.… Continue Reading

Important Changes in Czech Corporate Law Introduced by the Proposed Amendment to the Czech Business Corporations Act

As of 1 January 2014, the Czech Republic has enacted new legal rules regarding the corporate law presented in the act no. 90/2012 Coll., Business Corporations Act (the “BCA”). Meanwhile the new regulation was settling in, the practice has discovered a number of gaps and shortcomings of the new law and thus the lawmakers has … Continue Reading

Final Amended Version of Renewable Energy Sources Act in Poland is Now Pending the President’s Signature

On August 2, the Senate – the upper house of the Polish Parliament – passed the law amending the Renewable Energy Sources (RES) Act and certain other laws, which is now pending the President’s signature. We addressed this issue in our posts published on June 7, 2019 and June 11, 2019. Compared to the drafts … Continue Reading

Data privacy update for Poland – July 2019

Recently the Polish regulator (UODO) published the updated list of processing operations which require a data protection impact assessment – the consequence of the EDPB’s objection to the original “black list” published by UODO back in 2018. Additionally, UODO prepared detailed guidelines on the duties of controllers in connection with data breaches under the GDPR, … Continue Reading

Poland and the US Sign a Memorandum of Understanding Concerning Strategic Civil Nuclear Cooperation – What Can We Expect?

Poland and the US signed the Memorandum of Understanding (MoU) on strategic civil nuclear cooperation on June 12. The MoU emphasizes the desire to establish a deeper bilateral strategic relationship aiming at energy security and meeting Poland’s clean energy needs. These aims are to be achieved by: Collaboration for developing Polish infrastructure for the responsible … Continue Reading

Renewable Energy Sources Act Amendments in Poland – Additional Arrivals to Governmental Legislation Center in June, Continued

Things are gaining momentum. In our post of June 7, 2019, we wrote about the major changes to the draft Renewable Energy Sources Act (RES) posted on the government website on June 5. Not long thereafter, a new supplemented version 6 appeared. We believe one new development is worth our attention. By Way of Introduction, … Continue Reading

Digital Constitution passes the first round in the Chamber of Deputies of the Czech Republic

Recently, legislators in the Czech Republic made an important step towards strengthening the rights of natural and legal persons as “clients of public authorities” to the provision of services by public authorities in the form of digital services. The draft Act on the Right to Digital Services (“ARDS”), also called “Digital Constitution”, presents a revolutionary … Continue Reading

Draft Amendments to the Renewable Energy Sources Act in Poland announced on Governmental Legislation Center

Under Pressure  On 5 June, the draft amendments to the Renewable Energy Sources Act (RES Act) were posted on the Governmental Legislation Center website. It is no secret that Poland will not meet the RES energy production level targets imposed by EU Directives, regardless of the means undertaken. Despite this, one positive is that the … Continue Reading

National Bank of Slovakia Launches Fintech Innovation Hub

On Friday 29 March 2019, the Economic University in Bratislava hosted the recurring session of the Center for Financial Innovations established by the Slovak Ministry of Finance. We participate in these sessions, along with other representatives of academics, banks and fintech companies. The focus of the event was a discussion related to the EU’s action … Continue Reading

PLN 1 Million Fine for GDPR Violation

On March 26, 2019, the Polish Data Protection regulator (Urząd Ochrony Danych Osobowych – UODO) announced the first administrative fine imposed on a Warsaw-based company for failure to meet the informational obligation toward the data subjects whose data it processed, in violation of article 14 of the General Data Protection Regulation (GDPR). The fined company … Continue Reading

Polish data protection authority announces which sectors will come under scrutiny in 2019

On 24 January 2019, the Personal Data Protection Office (UODO) published a sectoral inspection schedule for 2019. According to the schedule, as approved by UODO’s President, the inspections will aim at verifying the legitimacy of personal data processing in the following private sectors: telemarketing, data brokers (as regards legal grounds for personal data processing) and … Continue Reading

Poland’s New Energy Policy Until 2040 Goes Nuclear

On November 23 this year, the Ministry of Energy published its draft Polish Energy Policy until 2040 (PEP2040). This long-awaited document is significant for both the energy sector and the entire economy; however, it is subject to social consultations until January 15, 2019, and its assumptions may (but do not have to) evolve. A Generational Structural … Continue Reading

High Court in Prague sheds some light over the definition of a significant part of an enterprise 

Like any other major change of legislation, the recodification of Czech private law in 2014 has raised a long list of interpretation issues. At the end of August 2018, the High Court in Prague outlined (since the decision has not yet been confirmed by the Supreme Court) an interpretation with respect to one of the … Continue Reading

Central Sea Port PPP Project in Poland – “Anchors Aweigh and Full Speed Ahead”

Large-scale public-private partnership (PPP) projects are not common in Poland. However, the amendment to the PPP law, which came into effect in September 2018, should change this. Therefore, we welcome the fact that, recently, the Port of Gdańsk announced a tender for a PPP advisor for the Central Sea Port Project (available in Polish). Thus, … Continue Reading

RES Auctions in Poland Ready to Take Off

The RES auctions are fast approaching – the first one, for existing installations, is due to start on October 17. The long-awaited RES auctions start tomorrow. This year, the President of the Energy Regulatory Office has divided the auctions into two rounds: 17-25 October for existing installations and 5-20 November for new installations. The auction … Continue Reading
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