Poland’s Draft GDPR Implementation Law – Where Are We At?

ComplianceOn 15 January 2018, the Ministry of Digital Affairs (Ministry) held a conference to summarize the outcome of a public consultation on Poland’s draft GDPR implementation law. The consultation invited all citizens and entrepreneurs to express their opinion on the draft law on the protection of personal data, which was released by the Ministry on 14 September 2017.

The public consultation phase ended on 13 October 2017, with over 700 pages of proposals received. More than 400 participants from various industries attended the conference and took to the floor to discuss the new legislation and provide suggested solutions to be incorporated in the law. The Ministry rejected the vast majority of the proposed 641 amendments, giving consideration to just a few of them. Below is the summary of the major issues, which proved to be the most controversial.

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Piercing of Corporate Veil and De-facto Directors in Slovakia

The Slovak Ministry of Justice was very busy last year, and the recent amendment to the Commercial Code introduces a number of provisions that are aimed at fixing local malpractice related to mergers and liquidation of companies, use of “straw men” as executives and the impact of bad decisions of shareholders on the local affiliates.

In a previous post, we covered the topic of increased liability of executives for not filing the petition for bankruptcy. However, the Ministry of Justice did not stop just there. Continue Reading

Squire Patton Boggs step closer to crown its efforts

New RulesIncreasingly in recent years, businesses and other organizations have sought to understand the complex nature of the legal relationships between the European Commission, EU member states and the European Parliament, and to engage more effectively with “government,” whether at local, national or European levels.

Some governments across Europe have been stepping up to address this challenge by providing guidance as to how businesses can best engage with public bodies in their own jurisdictions. It is particularly welcome to see the Czech government, towards the end of last year, finalize its new Lobbying Act, which is intended to shed light on the process of legislation and define more clearly the parameters of lobbying and advocacy with government. Continue Reading

PSD2 Fintech Puzzle – To Screen Scrape or Not to Screen Scrape?

PSD2

The Polish Financial Supervision Authority (KNF) recently published (on 12 January 2018) a long-awaited statement relating to the “selected regulator’s expectations” as regards the interim period(s) relating to the implementation of the Payment Services Directive 2 (PSD2) in Poland.

The statement is key for banks and FinTech companies (TPPs) to understand how to operate until the full implementation of PSD2 in Poland. It also addresses the European Banking Authority’s (EBA) opinion of 19 December 2017 on the various issues resulting from the implementation of PSD2, in particular on the possibility of a “screen scraping”.

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The Electronic Communication Platform for Business Entities is Now Operational

Electronic CommunicationAs of 1 January 2018, Hungary’s new communication platform is now in use. It is a concept similar to the electronic communication platform that has been widely available to private individuals for some time. The purpose of both platforms is to enable users to communicate efficiently with the central and local governments online. While private individuals are free to choose whether to use the electronic communication, businesses must act via the new platform. As of the beginning of the year, the electronic communication platform is the only route to reach out to authorities and government agencies and vice versa; the government will communicate with the business entities exclusively through this electronic platform. Each business entity must specify an email address in its corporate data.

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Poland’s Parliament Enacts Far-reaching Changes Regarding the Supreme Court

Row of ColumnsSignificant changes will affect Poland’s highest court when President Andrzej Duda, as expected, signs new legislation just passed by Parliament.

The changes are far-reaching, but among the major changes are:

Creation of a division of extraordinary control with new jurisdiction – A new chamber of the Supreme Court called the “Chamber for Extraordinary Control and Public Matters” (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) will be created. Initially, the new Chamber will have the authority to re-adjudicate any judgment issued by any court that became final and binding after 17 October 1997, if necessary to ensure the rule of law and social justice where:

  • The decision violates the principles or freedoms and human and civil rights specified
  • in the Constitution
  • The decision grossly violated the law by erroneous interpretation or misapplication thereof
  • There is an obvious contradiction between important findings of the court and the collected evidence
  • Such decision cannot be revoked or changed utilizing other remedies

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Poland Adopts Ambitious Plan for Its National Transportation Hub

Airport Waiting LoungePlans for Poland’s Central Communication Port – the largest infrastructure project contemplated for Central and Eastern Europe – continue to progress. The Council of Ministers recently approved an ambitious plan that contemplates implementation of the main investments over the next 10 years to the year 2027.

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Material New Developments in the Reprivatization of Property in Warsaw

Old tenement buildingThis post follows up on previous articles on the reprivatization of property in Warsaw and the governmental commission reviewing the legality of the process (see here and here).

At a press conference on October 11, First Deputy Minister of Justice Patryk Jaki outlined the law that is to regulate property reprivatization in Poland. It is a rather revolutionary concept.

The need to regulate the various claims concerning assets lost, nationalized, destroyed or seized either during WWII or after the war has been raised many times since 1989. To this day, it is still a matter that has never been satisfactorily solved – previously, only former owners of property located behind the new eastern border had legal claims, while other former owners, their heirs and successors were left to seek the justice individually.

Why has Poland not dealt with this matter for so long? There have previously been many arguments raised, the main one being that the state cannot afford to pay 100% of the value of the property to all former owners. That argument is, however, offset by the fear that if the state offers less than full compensation it may be sued in courts and arbitration tribunals, in Poland and elsewhere, for expropriation. Thus, the problem remained unresolved, giving rise to the “reprivatization business” previously discussed in earlier posts.

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