3 January 2023
On 1 January 2023, amendments to consumer protection regulations related to the implementation of the Digital Content Directive, the Sale of Goods Directive and the Omnibus Directive into the Polish legal system came into force. These directives were implemented by: (i) the Act amending the Consumer Rights Act and certain other acts of 1 December 2022 (Journal of Laws 2022, ite...
12 December 2022
In a judgment of 22 November 2022 (a judgment delivered in joined cases C-37/20 and C-601/20), the Court of Justice of the European Union (the “CJEU”) questioned the unrestricted public access to information on beneficial owners, i.e. access for everyone and without additional requirements. The CJEU found that full disclosure of the register of beneficial owners unjustifiab...
6 September 2022
On 13 October 2022, an amendment to the Polish Commercial Companies Code[1] will enter into force that includes changes that will affect the functioning of governing bodies of companies. The legislature has decided to amend Article 202 § 2, Article 218 § 2 and Article 369 § 1 of the CCC[2]. These provisions address issues related to the terms of office of members of manageme...
23 August 2022
On 13 October 2022, the Amendment to the Commercial Companies Code[1] will enter into force, which in addition to introducing certain changes to the rules concerning the exercise of corporate governance, introduces new provisions governing the holding law into the Commercial Companies Code. The Amendment to the Commercial Companies Code aims to regulate holdings (both de facto ...
18 August 2022
The Polish Act on Special Measures to Prevent and Counteract Aggression against Ukraine and to Safeguard National Security[1] dated 13 April 2022 (Polish: Ustawa z dnia 13 kwietnia 2022 r. o szczególnych rozwiązaniach w zakresie przeciwdziałania wspieraniu agresji na Ukrainę oraz służących ochronie bezpieczeństwa narodowego) (the “Sanction Act”) entered into force i...
8 July 2022
On 5 July 2022, the European Parliament adopted a regulation on contestable and fair markets in the digital sector (the Digital Markets Act) (the "DMA"). It will enter into force twenty days after publication in the Official Journal of the EU and become effective six months from that date. Obligations constructed under the DMA will significantly affect the operation of undertak...
27 June 2022
In 2022, employers will face significant changes in labour law. Currently, two significant amendments to the Labour Code are pending that will require companies to implement new internal regulations and to update their current internal labour law provisions. The planned changes will affect the following areas: remote work; monitoring employee sobriety; and work-li...
22 June 2022
On 13 October 2022 an amendment to the Commercial Companies Code (the “CCC Amendment”)[1] will enter into force which significantly strengthens the position of supervisory boards in joint stock and limited liability companies. The new powers vested in supervisory boards of such companies (and by non-executive directors in a simple joint stock company) are correlated with th...
1 June 2022
On 1 June 2022, the new Vertical Block Exemption Regulation (2022/720) adopted by the European Commission (“VBER”) comes into force. The new VBER supersedes the regulation that has been in place for the past twelve years, and together with new guidelines from the EU Commission (the “EC”), partially revises the antitrust rules for the assessment of vertical agreements be...
31 May 2022
Theft of companies The history of the National Court Register (Krajowy Rejestr Sądowy, “NCR”) shows that proceedings conducted before registry courts were sometimes initiated under false pretences for the purpose of stealing companies. This type of fraud involves filing applications with the NCR that are based on forged documents, typically with the aim of changing the ...