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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

Poland: Functioning of Private LLCs During the Pandemic and Corporate Mechanisms Facilitating Discharge of Officers’ Duties

By virtue of the Regulation of the Minister of Health dated March 21, 2020 on Declaring the State of Epidemic within the Republic of Poland following COVID-19 infections, a number of restrictions have been enacted which have a bearing on the functioning of certain companies. The raging epidemic and the associated interaction and mobility restrictions … Continue Reading

Poland: First Proposal of Support Measures Due to COVID-19

Poland’s government has announced an economic stimulus package, valued at PLN212 billion, to assist entrepreneurs and employees amid the COVID-19 crisis. The package consists of five pillars: • Employee safety • Enterprise financing • Financial system strengthening • Healthcare protection • Public investment… Continue Reading

Poland: Closing Commercial and Service Establishments at Commercial Facilities Due to the COVID-19 Epidemic Versus Rent at Large Commercial Facilities

On March 13, 2020, the Minister of Health issued the Regulation on Declaring the State of Epidemic Threat within the Republic of Poland whereby, as of March 14, 2020, the following business operations (at commercial facilities with a sales area of more than 2,000 square meters) were temporarily prohibited:… Continue Reading

Poland: Businesses in Difficulty due to the Pandemic – What Options Do They Have?

The coronavirus pandemic poses new risks and challenges for business at a scale unknown before. In order to assist businesses, the Polish government has announced that a PLN 212 bn ($53bn) stimulus package will be put in place. For a summary see our previous post. Start up of the aid package will take time, and … Continue Reading

Polish Government Announces PLN 212 Billion Package in Face of COVID-19 Crisis

Poland’s government has announced an economic stimulus package it values at PLN 212 billion to assist entrepreneurs and employees during the COVID-19 crisis.  The package consists of 5 pillars: employee safety, company financing, health protection, strengthening the financial system and a public investment program.… Continue Reading

Poland Set to Become One of the Biggest Offshore Wind Centres in Europe: 10GW of New Capacity to Be Awarded CFDs by 2028

According to one of the largest power producers and suppliers in Poland, Polska Grupa Energetyczna (PGE), Poland’s Baltic Sea has the capacity to generate 9 to 12GW of energy, ranking it second only to the North Sea, which already has about 13GW of offshore wind installed[1].… 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

Poland: What New Developments in Corporate and Commercial Law Does 2020 Hold in Store for Us? Roundup of 2019 and Peek Into 2020

2019 saw a number of changes in corporate and commercial law, which may have a bearing on Polish operations and transactions. Further developments are anticipated in 2020. The beginning of the new year is a good opportunity to round up issues essential for business.… Continue Reading

Poland: Offshore Wind Bill published by the Government on 15 January 2020

Part 1: Publication of the Offshore Wind Bill and Next Steps After many months of deliberation, on 15 January 2020, the Ministry of State Assets published the long-awaited Offshore Wind Bill, the publication of which marks the beginning of the legislative process entailing a 30-day stakeholder feedback period, which is due to end on 14 … 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

Do Polish Companies and Corporate Law Enter the Digital Era? – Electronic Facilitations in Polish Companies’ Operations and Companies’ Registration

On September 3, 2019, an amendment to the Commercial Companies Code came into effect (Amendment), introducing a major change in how shareholders can hold their annual shareholders’ meetings.  Rather than holding shareholders’ meetings at the company’s registered office or any other location specified in the articles of association (within Poland), the shareholders of limited liability … Continue Reading

Polish Government Working on Introduction of Shareholders’ Liability

Will the concept of “piercing the corporate veil” be accepted in Polish law? Is the Polish lawmaker ready to break one of the major rules of the Polish companies’ law? The Polish government is working on a law introducing shareholders’ liability to the creditors of a company. We have already touched upon the issue of … 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

Dividing Companies by Separation – Divided Company Now Held Liable in Poland

The liability of divided companies for the obligations of acquiring or newly incorporated companies under division by separation has given rise to controversy and debate within the legal doctrine in Poland. The legislation in force before March 1, 2019, did not provide the creditors of dividing companies with much protection. Since March 1, 2019, under … 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

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
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