| In Principle

A hot topic recently is the proposed changes in labour law relating to remote work. In fact, so far “remote work” has not been generally regulated in Polish law.  After the outbreak of the pandemic, remote work was regulated separately in the special COVID-19 Act. According to this act, to combat COVID-19, the employer may instruct an employee to perform remote work.

The private rented sector in Poland is on the radar of foreign institutional investors.  Investments in residential rental properties are in vogue in Western Europe. Despite the global crisis caused by COVID-19, investors actively seek opportunities in friendly foreign markets, including Poland. The Polish market is considered promising, even though historically in Poland there has been a tradition of owning rather than renting.

The pandemic has affected the way we shop. More and more frequently, buyers order products (including Christmas gifts) online with delivery to a designated customer service location or a parcel locker, so they don’t have to wait at home in the time slots indicated by the courier. More parcel lockers are appearing in housing estates and on the street. While it is clear that constructing parcel lockers does not require a building permit, are parcel lockers subject to real estate tax?

The law in Poland is quite precise about who can be given information about a family member’s health, and in what situations. But when contacted by a family member by phone, how can the healthcare provider verify the caller’s identity? And can a hospital in principle refuse to provide information by phone?

In November, the European Commission adopted three legislative initiatives seeking to implement the aims of the European Green Deal. They include a proposal for a new regulation on shipments of waste.

The EU thresholds and the euro exchange rate for converting threshold amounts from euros to Polish zlotys will be higher from 1 January 2022. The PLN/EUR conversion rate is also going up.

Requiring personal performance of key tasks is one of the guarantees of proper contract performance. However, contracting authorities must remember that this institution cannot be abused and treated mechanically, without taking into account the specifics of the given procurement. Therefore, contractors may challenge the terms of reference if they believe that the requirements are too stringent and limit their ability to participate in performance of the contract. Such challenges can be effective, as demonstrated by the ruling by the National Appeal Chamber of 13 October 2021 (KIO 2733/21).

The legal chaos into which the Polish judicial system has been plunged generates huge practical problems and threats to the security of legal rulings. It casts into doubt the legality of hundreds of judicial appointments and the validity of thousands and thousands of rulings on which commercial and social life are based. One way to contain these threats could be the principle functioning in common-law countries known as the “de facto doctrine,” which under certain conditions allows the acts of judges and officers who were unlawfully appointed to be deemed nonetheless valid. Outside the common law, this doctrine could also be inferred from the constitutional principle of the rule of law as well as the fundamental principles of EU law.

On 30 November 2021, the Council of the European Union and the European Parliament reached a provisional agreement on the final wording of a draft Data Governance Act (DGA) (COM/2020/767 final). The aim of the proposal is to promote the availability of data and to build a trustworthy environment facilitating the use of data (both person and non-personal) for research and creation of innovative new products and services. It is also intended to create a legal framework for easier sharing of data and mechanisms facilitating re-use of certain data held by the public sector, including data involving health, agriculture and the environment.

Public procurement is the process by which public authorities – government departments or local authorities – purchase work, goods or services from companies in the market. Recent changes to the public procurement law brought many improvements.

So-called simplified restructuring proceeding has been introduced into Polish law in June 2020. It is quite quick, deformalized and highly beneficial to firms facing bankruptcy. It provides protection against creditor enforcement and termination of contracts, as well as an opportunity to reduce debt (if agreed to by creditors).

The pandemic impacted a number of businesses in Poland. To prevent some of its negative consequences a moratorium on the filing of bankruptcy declarations was introduced in Polish law on 13 April 2020.