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Minister of Infrastructure takes first step on new offshore wind permits in Poland
On 1 December 2021, the Minister of Infrastructure published a long-awaited regulation on evaluation of applications for licences to erect artificial islands (offshore location licences). Investors who obtain permits will be able to participate in future auctions for offshore wind farms.
Minister of Infrastructure takes first step on new offshore wind permits in Poland
Penalties for failure to transfer Passenger Name Record data
According to recent press reports, as many as 210 air carriers that operated air transport on routes to and from Poland in 2018 may be fined for breach of the Passenger Name Record Data Processing Act. In just four months (June–September 2021), the commander-in-chief of the Border Guard instituted some 17,000 proceedings against them seeking to impose administrative penalties, exposing them to fines that could total as high as PLN 640 million. Given that between 2018 and 2020 there were nearly 940,000 passenger-related flight operations (on both domestic and international routes) in Poland, this may represent just the tip of the iceberg.
Penalties for failure to transfer Passenger Name Record data
Are you drafting a whistleblowing policy? Don’t forget about personal data
Work is underway in the Polish parliament on a bill implementing the EU’s Whistleblower Directive (2019/1937). It is not yet clear whether the directive will be implemented into Polish law on time (by 17 December 2021), but many companies are already drafting the necessary documents and organisational procedures.
Are you drafting a whistleblowing policy? Don’t forget about personal data
News from Poland—Business & Law, Episode 12: receivables as an asset and opportunity
Daniel Smarduch discusses the transactions involving receivables from the Polish perspective. Receivables as an asset are present everywhere in the business world. This asset could be a problem for some, but at the same time an investment opportunity for others.
News from Poland—Business & Law, Episode 12: receivables as an asset and opportunity
The new Developers Act: What will change?
During the decade after the current Developers Act entered into force in Poland, it was repeatedly argued that its provisions were vague or diverged from the market reality, so that the act did not live up to the hopes placed in it. As a result, in the last few years, work was undertaken to introduce a new law to fill the existing gaps and, above all, provide greater protection for buyers of residential units and single-family houses.
The new Developers Act: What will change?
Reservation agreement: What shape will it take under the new Developers Act?
One of the new features of the new Developers Act is comprehensive regulation of the reservation agreement, so far not governed by separate provisions. It is worth thoroughly analysing the shape the drafters decided to give to this type of agreement when introducing it officially into the Polish legal system.
Reservation agreement: What shape will it take under the new Developers Act?
New rules for handover of residential units and single-family houses
On 1 July 2022, most of the provisions of the new Developers Act will come into force. One of the changes is to make the handover procedure for a residential unit or single-family house more detailed, and to introduce new rights for buyers. The new rules are particularly controversial among developers.
New rules for handover of residential units and single-family houses
Prospectus for residential developments
A developer commencing sales of residential units or single-family houses in Poland must prepare a prospectus for the property. The prospectus should include information on other projects planned in the vicinity of the development. In this regard, the current provisions are imprecise and raise concerns. Does the new Developers Act eliminate them?
Prospectus for residential developments
Change of information obligations of banks in the new Developers Act
The new Developers Act substantially modifies the rights and obligations of banks in connection with real estate developments. The new regulations significantly increase the scope of rights and obligations of banks, which will entail a greater expenditure of time and effort on their side. Thus the new rules may increase the cost of banks’ participation in the execution of residential developments.
Change of information obligations of banks in the new Developers Act
Date of entry into force of the new Developers Act and transitional provisions
Analysis of the transitional provisions of the new Developers Act is complicated and unfortunately does not lead to unequivocal conclusions. Indeed, we believe these provisions should be amended immediately to remove doubts, so that developers can prepare for application of the new law and avoid litigation in the future.
Date of entry into force of the new Developers Act and transitional provisions
News from Poland—Business & Law, Episode 11: binding instructions in holding law
Aleksandra Drożdż explains the liability for binding instructions that the parent company will be able to issue to its subsidiaries under the proposed provisions of the holding law.
News from Poland—Business & Law, Episode 11: binding instructions in holding law
Tales from the National Appeal Chamber: Grave professional misconduct must be caused by the contractor
When filling in the European Single Procurement Document (ESPD) form, contractors must answer the question whether they have committed grave professional misconduct while performing previous contracts. This question is closely correlated with the condition for exclusion under Art. 109(1)(5) of the Public Procurement Law, which specifies that this concerns violations that are serious and self-caused. Therefore, a contractor does not necessarily have to mention any and all delays or complications that occurred during the performance of previous contracts. In this context, an interesting ruling was issued by the National Appeal Chamber on 4 June 2021 (KIO 1087/21) indicating how this question from the ESPD form should be interpreted.
Tales from the National Appeal Chamber: Grave professional misconduct must be caused by the contractor