Bid bonds in 2020: same problems, same sanctions
In the proposed new Public Procurement Law, the contracting authority will decide on the obligation to submit a bid bond, regardless of the value of the contract. However, the same restrictive consequences as in the current act are linked with the improper submission of a bid bond, and there are more grounds for retaining bid bonds.
A revolution in the required content of public contracts
The draft of the new Public Procurement Law can be called a revolution, if only because the law has never before addressed to such a degree the content of the contract. Although the draft needs to be fine-tuned, it already provides a number of appropriate solutions.
Data protection and public procurement
A key element of the proposed new Public Procurement Law is to regulate the protection of personal data collected in the course of procurement procedures. Significant exceptions from the general rules of the GDPR are planned. What should they consist of?
Financial market – changes, changes, and more changes
Only a month ago we posted an article on plans to change the way the capital market is regulated and market investors are protected. The act has now been passed and signed into law, and will come into force on 1 January 2019.
Costly parting of the ways with the Polish tax authorities: Tax on income from unrealised gains
A tax amendment is lying on the Polish President’s desk. It will introduce, among other things, a tax on income from unrealised gains. As announced, the regulations should enter into force at the beginning of 2019.
Another step towards to EU copyright reform
On 12 September 2018 the European Parliament approved a proposal for a copyright directive. For the directive to become law another vote has to be held, and this will be in 2019.
Changes in public-private partnerships
Compulsory evaluation of the effectiveness of PPP projects, the possibility of obtaining an opinion on the legitimacy of a project carried out under this formula, a PPP test for projects valued at more than PLN 300 million, implementation of PPP projects via a special purpose vehicle owned by a private partner: these are just some of the changes introduced by an act recently signed by the President of Poland.
Major changes to rules on statutory time limits on claims
On 9 July an amendment to the Civil Code will come into force concerning the statute of limitations. The general time limit after which claims will expire will be reduced to 6 years, while in most cases expiry will take effect from the last day of the calendar year. The rules applicable to expiry of claims of businesses against consumers will also change significantly.
The Constitution for Business soon in force
Three repealed acts, 189 amended acts, and five new acts, one containing recitals, form the Constitution for Business—the comprehensive legislative package regulating business activity in Poland.
A business that is a natural person can appoint a commercial proxy
On 30 April 2018 new laws take effect bringing to an end the long dispute over the types of businesses allowed to appoint commercial proxies. Ultimately, businesses that are natural persons will be able to appoint commercial proxies.
Regulated business activity in the Constitution for Business
From 30 April 2018 the main guidelines concerning regulated business activity can be found in the new Business Act. The number of regulatory provisions affecting business activity in Poland will not decrease, but they will be spread more widely across industry-specific regulations. There are also changes favourable to business.
Changes to rules on participation of foreign undertakings in trade in Poland
A new law that comes into force on 30 April 2018 combines two acts regulating the operations of foreign businesses in Poland into one, and at the same time makes certain changes.
