OKW news

GDPR AND CORPORATE MAILBOXES

GDPR AND CORPORATE MAILBOXES

The issue of the meaning of “personal data processing” may still raise doubts for entities processing personal data. This was confirmed by a recently published judgment of the Supreme Administrative Court of 19.01.2024 (III OSK 2816/22) in a case concerning a housing association's sharing its member's personal data with his employer. The seemingly innocent addition […]

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NEW DRAFT LAW ON WHISTLEBLOWER PROTECTION HAS BEEN PUBLISHED

NEW DRAFT LAW ON WHISTLEBLOWER PROTECTION HAS BEEN PUBLISHED

On 6 March 2024, a new draft law on whistleblower protection was published on the website of the Government Legislation Centre, replacing the previous draft law on whistleblower protection. Along with the new draft law, the Ministry also presented a draft regulation of the Council of Ministers on the model form of the report containing […]

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NEW TECHNICAL CONDITIONS FOR PLANNED BUILDING PROJECTS

NEW TECHNICAL CONDITIONS FOR PLANNED BUILDING PROJECTS

On 1 April 2024, an amendment to the regulation on the technical conditions to be met by buildings and their location will come into force. The changes being introduced are important from the point of view of future investments, especially those of a residential nature. The changes will apply to construction projects for which a […]

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MAJOR URBAN PLANNING REFORM – SIMPLIFICATION OR COMPLICATION?

MAJOR URBAN PLANNING REFORM – SIMPLIFICATION OR COMPLICATION?

On July 7, 2023 The Parliament passed the Act Amending the Act on Urban Planning and Development and Certain Other Laws. The amendment introduces truly revolutionary changes in the field of urban planning, which should be of particular interest to investors. Primarily, the act assumes the replacement of the study of land use conditions and […]

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NEW RULES FOR EXPIRATION PERPETUAL USUFRUCT – REGULATIONS FOR ENTREPRENEURS

NEW RULES FOR EXPIRATION PERPETUAL USUFRUCT – REGULATIONS FOR ENTREPRENEURS

As of August 31, 2023, as a result of the enacted act of May 26, 2023, amending among others the Act on Real Estate Management, entrepreneurs and other legal entities will be able to convert perpetual usufruct into ownership upon application. Until now, this possibility could only be used for land intended for residential purposes. […]

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CHANGES IN AGRICULTURAL LAND TRANSACTIONS

CHANGES IN AGRICULTURAL LAND TRANSACTIONS

On August 28, 2023 the President of the Republic of Poland signed a bill amending the provisions of, among other things, the Act on the management of agricultural properties of the State Treasury and the Act on shaping the agricultural system. These changes may have a practical dimension with regard to the trade in agricultural […]

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NEW DRAFT OF THE LEGISLATION ON WHISTLEBLOWERS

NEW DRAFT OF THE LEGISLATION ON WHISTLEBLOWERS

On May 25 th 2023, a new draft law on the protection of persons reporting breaches in law – so-called “whistleblowers” – appeared on the website of the Polish Government Legislation Centre. Work on the implementation of the EU directive had been going on for a very long time, and as a result, in the […]

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NEW CONSTRUCTION LAW REGULATIONS

NEW CONSTRUCTION LAW REGULATIONS

Entrepreneurs are facing further major changes to construction law, which could affect future investment processes. On 1 June 2023. The Council of Ministers submitted a broad bill to the Sejm assuming the need to further simplify and speed up procedures. At the same time, regulations were proposed that should be of particular interest to building […]

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UOKIK PRESIDENT’S GUIDELINES ON PRICE REDUCTIONS

UOKIK PRESIDENT’S GUIDELINES ON PRICE REDUCTIONS

In connection with the implementation of the Omnibus Directive, as of January 1, 2023, new obligations have been imposed on entrepreneurs to provide information on price reductions of goods and services. In order to standardize the practices of entrepreneurs on the Polish market, in May 2023. The President of the Office of Competition and Consumer […]

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CONTRACTUAL PENALTY WITHOUT A FINAL DATE AND MAXIMUM AMOUNT

CONTRACTUAL PENALTY WITHOUT A FINAL DATE AND MAXIMUM AMOUNT

Is it possible to stipulate a contractual penalty without a deadline and without giving a specific amount of money? The above question has been answered by the Supreme Court, which may have a significant impact on the practice of commercial trade. The previous line of rulings of the Supreme Court suggested that reserving a contractual […]

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Omnibus Directive – new obligations for entrepreneurs

Omnibus Directive – new obligations for entrepreneurs

The EU Omnibus Directive has been much talked about recently. This directive is linked to two other EU directives, the Digital Directive and the Goods Directive, which together introduce many changes to the sale of goods and provision of services for both traditional traders and those offering their products through other channels (e-commerce, omnichannel, online […]

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The simplified joint stock company

The simplified joint stock company

Finally, Poland has a corporate form that works for joint ventures, the simplified joint stock company (the “SJSC”). The SJCS has been created for Poland to remain competitive amongst other counties and the Polish legislator took inspiration from other countries such as the Netherlands, where the so-called “flex BV” was introduced in 2013. Creating a […]

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Acceptance of a dwelling unit or a single-family house and material defects – assumptions of the new Law on developer

Acceptance of a dwelling unit or a single-family house and material defects – assumptions of the new Law on developer

The Act on Protection of Rights of Buyers of Residential Premises or Single-Family Houses and the Developer Guarantee Fund (the “Developer’s Act” or “Act”), passed on May 20, 2021, contains inaccuracies in interpretation and only future practice will determine how certain regulations contained therein should be understood. Lawyers have already noted that the procedure for […]

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