Tales from the National Appeal Chamber: Protection of trade secrets in public procurement
Trade secrets are a sensitive aspect of public procurement proceedings. They limit the principle of openness of proceedings, but protect sensitive information about the contractor’s business. When granting or denying a request to keep certain information secret, the contracting authority should carefully assess the contractor’s arguments, to prevent abuse of this institution. Despite entry into force of the new Public Procurement Law, this issue is still alive, as evidenced by the recently published ruling of the National Appeal Chamber of 29 March 2021 (case no. KIO 720/21).
On-site generation of industrial electricity and heat: What should plants know before investing in their own energy sources?
The rising costs of electricity and CO2 emission allowances are prompting an increasing number of businesses to consider investing in their own generation sources, including renewable energy sources. However, such an investment involves not only the purchase of appropriate equipment and finding a contractor. It also requires meeting a number of regulatory obligations and ensuring that the operations of the source are supported after it is placed in service.
Will the Housing for Land Act increase the number of housing developments?
The new Act on Settlement of the Price of Housing Units or Buildings in the Price of Property Sold from Communal Property Resources, commonly known as the “Housing for Land Act,” entered into force on 1 April 2021. It is supposed to implement one of the priorities of the National Housing Programme, increasing the number of housing developments. Is this goal likely to be achieved?
New powers of environmental organisations: Will they benefit the environment?
On 20 April 2021, the President of Poland signed into law an act amending a number of laws on public participation in proceedings concerning projects likely to have a significant impact on the environment.
It will be more difficult to implement projects requiring an environmental decision
The amendment to the act on environmental impact assessments signed into law by the President of Poland increases the powers of environmental organisations and makes obtaining permits for development projects more time-consuming. It will be possible to stay the execution of a decision on environmental conditions, suspending proceedings on project permits. But the law also provides for certain measures that may limit the negative impact of such rulings on investors.
Geo-blocking game sales
Geo-blocking limits the ability to buy products and services based on the customer’s nationality or residence. The conditions for access to goods and services and payment terms vary according to geographical criteria. In principle, such practices are prohibited in the EU. Does this ban also apply to video games?
The real cause and the hard cure for the “regulatory chill” of international investment agreements
There is a growing concern among human rights advocates that states—in particular capital-importing ones—are not doing enough to protect their societies against human rights abuses related to foreign investments. The common conviction is that this has to do with the “regulatory chill” caused by international investment agreements (IIAs). States reportedly hesitate to pursue regulations and policies promoting human rights, in fear of being sued in the international arbitration provided for by IIAs for unduly interfering with foreign investors’ interests.
UEFA sanctions against Super League clubs and players may infringe competition law
On Sunday, 18 April 2021, the whole football world was electrified by news that major clubs from England, Spain and Italy are finalising the construction of the “Super League.” These exclusive matches would be independent of the Union of European Football Associations and pose competition for the Champions League organised by UEFA.
Legal aspects of the video game industry 2.0
Interest in the game development industry is not diminishing. The upward trend has been consistent for several years, and 2021 is sure to bring a further increase. Forecasts indicate that in 2023 the value of the game market will exceed USD 200 billion
Likenesses in computer games: Real-life people
Sometimes, a character in a game evokes an association with a real person. This similarity may be intentional or accidental. To ensure they are on solid legal ground, game developers should obtain the consent of the actual person to use his or her image. Failure to do so can result in severe consequences. In this text, we will discuss the rules for using likenesses of real, living people.
Corporate criminal liability: A brief guide for all concerned
Every day, news outlets around the world report on corporate scandals and investigations, money laundering through shell companies in tax havens, arrests of executives, and multi-million-dollar settlements with prosecutors by big market players. Is this symptomatic of setbacks in the fight with corporate criminality, or is enforcement improving and uncovering more crime?
Five years to invalidate a building permit, even if it was issued before the amendment
On 19 September 2020, an amendment to the Construction Law came into force, making it harder to attack building permits and occupancy permits. Among other things, the parliament decided that a five-year limit should be introduced for declaring a building permit invalid, from the date the decision entered into legal circulation, thus limiting the discretion of the public administration in assessing the validity of the permit. However, Art. 37b of the Construction Law, introducing this limit, has begun to raise doubts among some commentators, which may lead to the perpetuation of what we believe to be an erroneous interpretation of the new provisions and undermine their intended purpose. Therefore, it is necessary to oppose the view that this provision does not apply to decisions issued before the amendment
