Run for your Business in Poland

Explore our market which provides a variety of opportunities. Take a challenge and establish your business in Poland. If You will find it as a hostile land for You – just don’t worry – You are not the only one.

Homemade taste as a subject matter in Food Law

Jakub M. Doliński

There is no legal term for „homemade taste” – in common language we say that some homemade food product was made directly from provider’s house kitchen. Homemade taste as a colloquialism appoints to the customer that ordered meal/product would be prepared only on natural components and flavored only by natural spices. This lack of proper legal definition to describe homemade taste may lead to unfair practice, where consumer would be misled by untruthful information suggesting that a certain product has natural properties, specific for home cooking, while it’s real components are additives belonging to the group of thickeners.

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Greater liability of the proxy for the company’s obligations

Anna Wasilewska

As a result of amendments made to the Act of 28th February 2003 on Bankruptcy and Reorganization (consolidated text: Dz. U. of 2015, pos. 233, with amendments) under the Law of 15th May 2015 on restructuring (Dz. U. of 2015, pos. 978), since 1 January 2016 the liability of a proxy for the company’s obligations is going to change.

The current wording of Art. 20 paragraph 2 point 2 of the Law on Bankruptcy provides that anyone who has the right to represent the legal person or an organizational unit without legal personality that a separate law recognizes the legal capacity, either alone or jointly with others, is entitled to the filing of a bankruptcy petition. However, since 1st January 2016 an entity authorized to submit the petition in relation to legal persons and organizational units without legal personality that a separate law recognizes the legal capacity, will beanyone who under the act, the articles of association or the statute has the right to manage the affairs of the debtor and to represent him, individually or jointly with others“.

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Special protection of international exhibitions organized in Poland.

Szymon Gajda

If you are planning to organize an exhibition next year in Poland, it might be reasonable for you to apply for special legal protection of exhibits. I strongly recommend you such an application if you are going to cooperate with a private entity or local government institution. It may give you serious advantage in any kind of dispute with your partner.

Since 30th November 2015, it will be possible to submit to Ministry of Culture and National Heritage an application to cover a movable item with protection which will defend your property from any kind of civil, administrative or even to some extent criminal legal actions aimed on sit’s seizure.

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Training for coaches

Tomasz Będźmirowski

These days it has become popular with employers to provide their employees with coaching, training, or other professional tuition (for the sake of brevity, let’s couch the notion in a single term: “training”); this trend seems to be on the increase and dictates a growing demand for both internal and external trainings. Supply follows demand, or so at least it should be in the economy the West has defined and taught us to believe in. As a result, the training services market abounds in participants and the competition stiffens between them.

No worries; this entry will not discuss economy, but rather legal issues, or more precisely: copyright law. While in a fight over prospects you must not forget that your service is as good as its quality. And quality is, no doubt about that, determined by contents, substance, or matter you choose to add as a filler. The substantive input gets then scrutinized by attending employees, sponsoring employers and those out there who just might nourish some interest in the quality served, including – safe to say – your competitors.

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Bank Enforcement Order violates Constitution

Karol Błąd

Bank Enforcement Order violates Constitution 

According to the ruling of Polish Constitutional Tribunal (Trybunał Konstytucyjny – TK) from 14 April 2015 article 96(1) and article 97(1) of the Banking Act of 29 August 1997 (Dz.U.2015.128) violate the constitutional principle of equality. Therefore Bank Enforcement Order (Bankowy Tytuł Egzekucyjny – BTE) is unconstitutional.

What is Bank Enforcement Order in polish law system?

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Amendments to the Act on the Protection of Personal Data – who is the Personal Data Protection Official (ABI) in polish law?

Karol Błąd

I. New regulations

From the beginning of 2015 an amendments to the Act on the Protection of Personal Data came into force. Changes concern the extension of entitlements and duties of the Personal Data Protection Official (Administrator Bezpieczeństwa Informacji – ABI). The main aim of the amendments is to harmonize polish law with the Directive 95/46 EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

II. Registration of the ABI

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The alternative sources of acquiring staff in Polish law. Part one.

Marek Czajkowski

The temporary work.

Each year Poland becomes a country more and more attractive and competetive in terms of doing business.

According to a World Bank report, called „Doing Business for 2015”, Poland occupies 32nd place among 189 classified countries that are friendly to do business. It makes Poland the leader of Central and Eastern Europe. Many foreign companies that are planning to start a business in Poland must not only face the necessity of complying with the formalities related to the establishment of a firm, but also for the challenge of finding suitable personnel.

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WCAG 2.0. a challenge for service providers to government sector in Poland?

Szymon Gajda

Since 31st may 2015, all communication systems run by entities which perform public duties in Poland, must comply with requirements specified in Regulation of Ministry Council regarding Domestic Frames of Interoperability, minimum requirements for public registers, and electronic information exchange, as well as minimum requirements for communication systems (hereinafter “DFI”) (http://mac.bip.gov.pl/krajowe-ramy-interoperacyjnosci/krajowe-ramy interoperacyjnosci.html), which is an administrative regulation to Act on computerisation of entities’ performing public activity ( http://isap.sejm.gov.pl/DetailsServlet?id=WDU20111130657 ) (hereinafter “IEPPA”).

For last three years public administration in Poland was obliged to adjust all existing systems to DSI Regulation standards, to the level AA of Web Content Accessibility Guidelines 2.0., and within a few days the transition period will be over, what means that all systems must fully comply with above mentioned rules. At first glance it looks quite clear, however if public entity would demand from its service provider to provide conformity of created on demand or licensed web application with WCAG 2.0, its worth to take a careful view on such a demand.

Who is obliged to comply with WCAG 2.0. ?

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Setting up partnerships on-line in Poland – step towards doing business more straightforward.

Jarosław Lenarczyk

Starting from this year (from the 15 Jan 2015 to be precise) Polish Code of Commercial Partnerships and Companies provides for new rules which put entrepreneurs in position to set up certain partnerships (namely spółka jawna and spółka komandytowa) using on-line solutions. Previously, Polish commercial law only allowed to incorporate on-line one of the limited liability companies, namely – spółka z ograniczoną odpowiedzialnością. Starting from this year, on-line options have been extended. What we have now is another option to quickly start two different business partnerships using ‘prepared’ solutions available via the website of the Ministry of Justice. This is certainly right step towards attempting to make starting business more straightforward. However it must be remembered that although intention is good, it will take some time to turn out if newly adopted rules prove successful.

Setting up a partnership on-line. Sounds easy and tempting?

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Does uploading copyrighted works in to peer to peer net constitutes a crime in Poland?

Szymon Gajda

It is easy to find in the Internet many opinions that using peer to peer net should be legal, and save for the users. Defenders of so called “freedom of Internet” are everywhere (see in example https://uspirates.org/). You may find them even among important and influent scholars of University of Harvard (see amicus curia opinion of prof. Charles Nesson in Grockster case), but sometimes you may find them also among judiciary and prosecuting authorities, what may be much more complicating copyright owners life. Nevertheless existence of different points of view force us to go deeper into discussion, even when it appears that we must deal with something that at first glance looks like a nonsense.

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