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.

more »


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. ?

more »


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?

more »


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.

more »


ON BITCOINS – SOME TAXATION ASPECTS

Jarosław Lenarczyk

Since its introduction in 2009 bitcoin proved extremely popular, particularly amid individuals seeking alternative forms of investment. Also number of entrepreneurs considered employing bitcoin as a part of their businesses as alternative to traditional currencies way of payment. Also in Poland bitcoin is traded by large number of ‘investors’. Economic functions and possible ways in which bitcoin may benefit those who trade in it (and possible risk associated with this ‘quasi’ currency) are beyond the scope of these remarks as being more of economic than legal nature. This article attempts to outline legal approach and challenges that may be faced by such new ‘tool’ as bitcoin under Polish taxation law.

more »


The new polish tax evasion clause may become a weapon against foreign ICT investors

Szymon Gajda

With the beginning of 2016, polish government is planning to implement an amendment to the Tax Ordinance Act, which will include tax evasion clause (Polish text of project). This legal change may become a huge threat to foreign investors, in particular in the area of well developing ICT sector, where complicated operations appear in day-to-day business. In Guidelines to the statue amendment Ministry of Finance openly admits:

It must be presumed that behaviours which will result with execution of the tax evasion clause are performed only by large entrepreneurs, often connected by capital and governance with foreign investors and entities which significant incomes.” (Polish text of Guidelines).

Above-mentioned discriminatory nature of planned change of law is among many other serious controversies, which are coming to our attention.

more »


A new challenge for 3D trademarks registration.

Szymon Gajda

Recent judgment issued on 18 September 2014 (Case C – 205/13 Hauck GmbH & Co.KG v Stokke A/S, Stokke Nederland BV, Peter Opsvik and Peter Opsvik A/S), by the European Court of Justice contains significant guidelines regarding registration of 3D trademarks, which base on the shape of the object.

The court formed two negative conditions of such a registration. The trademark can’t be validly registered when even one condition occurs: its shape which results from the nature of the object (goods) themselves or shape gives substantial value to the goods.

more »


Doing business in Poland – legal aspects to consider

Jarosław Lenarczyk

Introduction.
If one considers commercial expansion in Poland, namely starting doing business in Poland, there are several possible ways that may be utilized to introduce goods and services to the Polish market. One of the most important factors that should be taken into consideration is legal form of intended activity. You may be IT company, shipping company, hotel company or any other company operating worldwide or just small family-run café business for some reason wishing to expand into Poland – regardless of the nature of your business, the first step is getting to know possible options of the legal forms of doing business in Poland. This summary addresses key issues related to available legal forms of business activity in Poland.
What determines your choice?

more »


Legal protection against DDoS attacks

Szymon Gajda

Disturbed Denial of Service (DDoS) attacks are among the greatest threats in today’s cyber security, all over the world. In result of such an attack, the victim may suffer countable and uncountable damages. They may cause simply a cut off a web site or network from its end users. Such attacks have been successfully curried out against major online businesses including Visa and Mastercard, Twitter, and WordPress (source: http://www.esecurityplanet.com ).

more »


Sweetie operation. Provocation as a tool of combating child pornography

Szymon Gajda

The team of four researchers from “Terre des Hommes Netherlands” ( THN ) worked on the project called “Sweetie” for ten weeks in 2013. They posed in chat rooms as Philippine girls, and created a cyber model of a girl, who offered contact thru a web cam. Their activity provided a great amount of evidence of an illegal activity against minors. Tens of thousands internet users were directing their abusive communication to the fake character, on clearly sexual purposes.

more »