Tag Archives: covid-19

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

Covid-19 Prevention at the Workplace: Is Temperature Measuring Permissible?

Ensuring occupational safety and protecting employees’ health have been of the utmost importance for many employers over the past few weeks.  With the rapid spread of Covid-19, employers were forced to adopt strict preventive measures to ensure a safer working environment within their workplaces. While the most obvious solution was the adoption of home office … Continue Reading

Czech FDI Screening Bill – Get Ready For New Regulatory Challenges

As we recently observed in many states across the EU, national lawmakers have been coming up with bills that put in place mandatory non-EU FDI (foreign direct investment) approval requirements. The purpose of this legislation is to give state authorities competence to assess risks to national interests arising from such FDI and, if necessary, take … 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

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: 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

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
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