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Business Judgement Rule in Polish Commercial Companies Code – Opportunity or Necessity?

The amendment of the Commercial Companies Code (hereinafter “CCC”) to introduce holding law has already been discussed in our material Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms. However, as a continuation of this topic, we would like to touch upon one of its elements – the introduction into … Continue Reading

Polish government to pass law that will allow it more control over the Internet content and legitimize blocking access to certain websites

On February 1, 2021, a new draft act on freedom of speech on social media platforms appeared on the Polish Ministry of Justice website. Works on the draft act, originally announced by the ministry in December last year, gained momentum in mid-January amid Twitter and Facebook blocking Donald Trump’s accounts, which the Polish government viewed … Continue Reading

Poland: Amendments to the Act on Prevention of Money Laundering and Financing of Terrorism and Other Acts

On January 12, 2021, the Council of Ministers adopted a draft law amending the Law on Prevention of Money Laundering and Financing of Terrorism and certain other acts, which was submitted by the Minister of Finance, Funds and Regional Policy (the “Draft”). The Draft aims to implement EU legislation preventing the use of the financial … Continue Reading

Poland: Websites Under Competition Authority’s Watchful Eye

Toward the end of September 2020, a draft amendment of the Act on Competition and Consumer Protection (the Draft) was up for public consultation in Poland. The provisions of the Draft are currently being agreed upon. The objective is to incorporate into the Polish legal framework Regulation (EU) 2017/2394 of the European Parliament and of … Continue Reading

Stealth Civil Procedure Revolution in Poland – Online Hearings and Email Service Coming Soon

Much attention has been paid recently to the latest government-sponsored, draft civil procedure amendment, which, piggybacking on the e-bidding solutions regulations, proposes amendments to the COVID-19 acts introducing temporary solutions regarding, among others, the functioning of civil courts. The draft has just been submitted to the Sejm. However, it must have been intensely debated previously, … Continue Reading

Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms

The need to regulate the so-called “holding law” within the commercial law has raised much controversy for some time now. Unlike certain foreign legal frameworks, the Polish law had been functioning with merely fragmentary regulations in that regard – legal scholars had been debating the purpose of introducing such solutions to the Polish Commercial Companies … Continue Reading

Poland: Supreme Court Ruling on Blank Promissory Note Order for Payment Issued Against Consumer

On 28 October 2020, the Supreme Court’s Emergency Control and Public Matters Chamber acknowledged an emergency complaint lodged by the Prosecutor General and revoked an order for payment issued against a consumer under a blank promissory note securing repayment of a bank loan. The Supreme Court ruled that the order for payment, issued by the … Continue Reading

Amendment to the Polish Building Act: Simplification and Expedition of Procedures

On September 19, 2020, most provisions of an extensive amendment to the Construction Law took effect. The amendment introduces very important changes from the investors’ point of view, both those considering and already pursuing their investments, and those whose projects have long been completed. The new regulations were introduced via the Act of February 2020 … Continue Reading

Poland’s Simplified Restructuring Proceeding Takes Effect

As previewed in our prior post, Poland’s simplified restructuring proceeding (uproszczone postępowanie restrukturyzacyjne) is now in effect. The enabling legislation – with only minor changes from the description in our prior post affecting such restructurings – was finally adopted on 19 June 2020, signed into law on 23 June 2020 and took effect the same … Continue Reading

Polish Government Adopts Stricter Control over Private Investments

Updated on June 23, 2020 Like various other EU member states (e.g. Hungary, Czechia), Poland has finally adopted a new act intended to screen foreign direct investments in Polish companies. The new law (the “Amendment”) amends the Act on Control of Certain Investments of 2015 (more on this available here), but it will also materially extend … Continue Reading

COVID-19: Poland’s Parliament Nears Passage of Extraordinary Debtor Restructuring Relief

Poland’s Parliament (the Sejm, the lower House of Parliament) is close to passage of an extraordinary debtor restructuring relief law as part of its fourth COVID-19 crisis legislation. The measure, referred to as Shield Law 4.0 (Tarcza 4.0) would: Create a “simplified restructuring proceeding” that would permit any debtor to commence this proceeding if faced … Continue Reading

Poland: Guidelines for Use of Retail and Hotel Facilities Upon Expected Lifting of Certain Trade Restrictions on 4 May 2020

The Polish government announced that on 4 May 2020, shopping centres, hotels, and DIY and furniture stores will be opened to the public subject to certain conditions and restrictions. Below, we highlight the guidelines published by the Polish Ministry of Regional Development for retail and hotel facilities.… Continue Reading

Polish Competition Authority Shows Areas of Attention During COVID-19 Epidemic

On April 15, 2020, the Chair of the Polish Competition and Consumers Protection Authority (UOKiK), Mr. Tomasz Chróstny, delivered a speech defining UOKiK’s main focus areas amid the coronavirus disease 2019 (COVID-19) epidemic. In a 90-minute address, Mr. Chróstny defined the areas of particular attention for UOKiK in the wake of the COVID-19 crisis.… Continue Reading

Polish Competition Protection Authority Cracks Down on Late Payments

During a webinar organized by Polityka Insight on April 15, 2020, the Polish Competition Protection Authority (UOKiK) Chair, Mr. Tomasz Chróstny, stressed that UOKiK will now pay particular attention to counteracting payment delays, relying on the powers vested in it by the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (formerly … Continue Reading

Poland: Shield 2.0 Tolls Bankruptcy Filings Deadlines, but It Does Not Support Enterprise Restructuring

On April 9, 2020, the Polish Sejm (lower House of Parliament) passed the Act on special support instruments with regard to the spread of SARS-CoV-2 virus and COVID-19 disease caused by it (the so-called Shield 2.0), featuring much anticipated changes to the deadlines for filing for bankruptcy.… Continue Reading

COVID-19: Poland Announces Another Support Package For Business

In order to counteract the effects of the COVID-19 epidemic and the effects of economic slowdown, the Polish government has announced another PLN 100 billion (EUR 22 billion) support package for Polish business. The main goals of the program are supporting the liquidity of enterprises and maintenance of employment.… Continue Reading

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: Unclear Rules of Temporary Expiry of Lease Rights and Obligations at Retail Facilities of More Than 2,000 m2

The Polish draft law commonly referred to as the “Anti-Crisis Shield” (adopted by the Sejm last weekend) poses many questions in regard to lease relations between landlords and tenants at retail facilities of more than 2,000 m2. Firstly, due to its ambiguous wording, there are doubts whether it covers all retail facilities or only those … 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

Poland: Lease Agreements at Retail Facilities of More Than 2,000 m2 in the Anti-Crisis Shield Act (Bill Adopted by Sejm)

During the weekend, the Polish Sejm (the lower house of parliament) passed the so-called “Anti-Crisis Shield Act” bill. The draft will now be debated in the Senate before being signed into law by the President and becoming effective on 1 April. The document may still undergo certain changes further down the legislative path.… Continue Reading

Poland: Performance of Contracts in the COVID-19 Pandemic Era – Is the Pandemic a Force Majeure?

The Polish government is putting the finishing touches to legislation aimed at supporting entrepreneurs in the time of the coronavirus disease 2019 (COVID-19) pandemic. The new legislation is divided into several parts and deals with aid through public sources, such as financing of maintenance of employment, microloans to SMEs, deferring payments of certain amounts due … Continue Reading
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