The past few months have seen increased activity from the Polish Office of Competition and Consumer Protection (UOKiK), which resulted in fines for a number of entrepreneurs. We summarise below what we consider the most significant measures taken by UOKiK in 2020.… Continue Reading
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
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
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
The COVID-19 pandemic and the subsequent restrictions of face-to-face contacts have caused quite a stir among entrepreneurs, for instance when signing agreements and official documents. This has prompted many of them to seek all sorts of digital solutions in lieu of physical presence.… Continue Reading
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
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
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
Poland’s Ministry of Digital Affairs and the Chief Sanitary Inspectorate have launched ProteGO, one of EU’s first official COVID-19 tracking applications. The Minister of Digital Affairs, Marek Zagórski, has been quoted as saying that his ultimate objective is for every smartphone user in Poland to use the app.… Continue Reading
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
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
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
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
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
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
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
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
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
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’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
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’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