Franchise contracts have played a pivotal part in shaping the Polish economy, ever more so since the country’s transition into free-market economy. In 2020, before COVID-19, there were more than 1300 franchise chains in Poland – from small diners and repair shops to such giants as McDonald’s. Unlike elsewhere across the EU (Italy, Holland, Latvia, … Continue Reading
Advertising is said to drive commerce. It comes with the territory, as the real trick is not just to manufacture, but to sell at a profit. A well-planned and skilfully executed advertising campaign can add to a product’s or service’s success. While most entrepreneurs compete fairly and ethically, in terms of advertising as well as … Continue Reading
In this alert, we will comment on how to recognise and defend yourself against acts that the Unfair Competition Act (the Act) does not clearly define as unfair competition, but that obviously hurt your business. The Unfair Competition Act contains a rather lengthy list of acts that are explicitly named unfair competition torts. They fall … Continue Reading
In the Polish telecommunications sector, the hot topic now is the implementation of the European Electronic Communications Code, which is two years overdue. In contrast, a significant amendment to the Act of 7 May 2010 on supporting the development of telecommunications services and networks (the Act) concerning reporting obligations on the inventory of telecommunications infrastructure … Continue Reading
In the previous blog entry, we gave a taste of what unfair competition could be like in practice where taking advantage of rival-generated resources is concerned, and what to watch out for to defend your business. In this part, we want to briefly discuss how to ensure your business’s compliance to protect yourself against unfair … Continue Reading
Amid today’s economic downturn concerns, competitive rivalry on the market is undoubtedly gaining momentum. The majority of entities compete on merits, though there are situations where current market situation may give rise to a number of problems previously either unknown or put aside by many entrepreneurs. Some businesses may resort to unfair methods geared to … Continue Reading
Workplace dynamic has always spearheaded legislative change. Change is the only certainty in employment law. Since the global pandemic broke out, we have been witnessing tremendous economic and social changes, which may now make their way to the Polish Labour Code.… Continue Reading
The amendments to Polish corporate law are coming into force on 13 October 2022. Unlike certain foreign legal frameworks, Polish law had, so far, only fragmentary provisions regulating relations between companies within the same group. The new law addresses this area and brings about fresh opportunities, obligations and challenges related to the operations of groups … Continue Reading
Poland faces the implementation of two EU pro-consumer directives essential for the e-commerce sector: Directive (EU) 2019/770 of the European Parliament and of the Council of May 20, 2019, on certain aspects concerning contracts for the supply of digital content and digital services (the Digital Content and Services Directive or the DCSD); Directive (EU) 2019/771 … Continue Reading
While the electronic communications services industry is still awaiting legislative developments regarding the Electronic Communications Law, which was to be the main act implementing Directive (EU) 2018/1972 of the European Parliament and of the Council of December 11, 2018, establishing the European Electronic Communications Code (EECC) in Poland, amendments are underway on the National Cyber … Continue Reading
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
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
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
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
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
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
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
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
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
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
WIBOR (Warsaw Interbank Offered Rate) is one of five critical financial benchmarks in the European Union (Commission Implementing Regulation (EU) 2019/482). WIBOR is the interest rate benchmark for the vast majority of złoty-denominated commercial loans, more than 98% of Polish mortgage loans, 26% of the total nominal value of Polish bonds, and € 366 billion … Continue Reading
