| In Principle

The EU’s Artificial Intelligence Act prohibits certain particularly harmful AI practices. These provisions will begin to apply from 2 February 2025. Non-compliance can attract an administrative fine of up to EUR 35 million or, in the case of a company, up to 7% of its total annual worldwide turnover from the previous fiscal year, whichever is higher.

As of 1 January 2026, every new multifamily development will have to allow for operation of an emergency shelter. Civil defence authorities will also have to designate which existing or planned structures can serve as shelters, hiding places, and sites of emergency refuge.

An investor seeking to build on a site must have the right to use the property for construction purposes. If the project includes for example building or rebuilding utility lines in a road right-of-way, can the right to use the property for this purpose be based on a decision authorising occupation of the right-of-way?

Members of a company’s management board can be jointly and severally liable for the company’s obligations, including public-law liabilities, such as repayment of public funds granted for project financing. This liability can apply to both active and former members who were in office when the obligations arose. It is worth remembering when members of the management board can be held liable for the company’s obligation to repay financing, and the steps they can take to avoid this liability.

In environmental law, December 2024 was a month of many landmark changes. On 18 December, the legislative process for amending Poland’s deposit-refund scheme finally came to an end. And on 16 December the Council of the EU formally adopted the Packaging and Packaging Waste Regulation.

The European export control regulations divide dual-use technology transfers into two main categories: technology exports and provision of technical assistance. Understanding the differences between the two is essential for complying with export controls.
 

Influencer marketing is one of the fastest-growing promotional channels. It allows marketers to reach a wide group of recipients. According to a report from Influencer MarketingHub, the global value of influencer marketing topped USD 21 billion in 2023, and was expected to reach USD 24 billion in 2024. The success of a campaign does not depend solely on choosing the right influencer. A key element is a carefully prepared contract adequately protecting the interests of the parties and ensuring proper implementation of the objectives of the campaign.

For many years, contractors have been required to submit a European Single Procurement Document (ESPD) during the course of procedures for award of public contracts in Poland. But the way this form should be completed still raises doubts among contractors and contracting authorities. An example is the question about incidents of early termination of previous contracts. Contractors aren’t sure whether their response to this question should indicate only situations meeting the conditions for exclusion set forth in Art. 109(1)(7) of the Public Procurement Law.

For our readers and authors, our wish is time flowing at a gentle pace. With your nearest and dearest (human and non-human), far away from the computer screen. We will return in the New Year.

According to the European Pet Food Industry Federation, in 2022 there were 8 million dogs in Poland, the 6th-highest number in Europe. The growing popularity of pets is noticeable. If you’re out walking your dog, morning or evening, it might seem nearly every person you pass is also walking their dog. More than 68% of dog owners humanise their pets and regard them as members of the family. This trend is affecting the market for pet products and services. The pet industry in Poland is growing rapidly, and this includes veterinary healthcare services.

In an ideal world, members of corporate boards should be elected with respect for the interests of as many shareholders as possible, including minority shareholders. It is customary that when any shareholder or group of shareholders has a stake in the company sufficient to choose at least one member of the supervisory board, the majority shareholder should solicit from them a proposal to put forward at least one candidate to ensure adequate representation on the supervisory board. If this does not occur, the law allows shareholders to request that voting for the supervisory board be conducted in separate groups. This procedure is designed to protect the interests of minority shareholders.

On 11 September 2024, a panel of seven judges of the Supreme Court of Poland issued a resolution in case no. III CZP 65/23 regarding the settlement of claims within the motor insurance market. The ruling involves the possibility of using cost estimates to determine insurance claims when it is no longer possible to actually repair the vehicle. In December 2024, the Supreme Court published the justification for the resolution and the motives for its ruling.