KIELTYKA GLADKOWSKI provides reliable corporate investigations and private detective services. Apart from professional attorney services, we provide investigation services which is an advantage over other law firms because it constitutes added value to our legal services.
KIELTYKA GLADKOWSKI has been dealing with issues related to corporate investigations and detective services for a number of years, which, in accordance with the Polish Act on Detective Services (Polish Journal of Laws 2020.129 consolidated text) of January 28, 2020 [1], can be defined as, among others: activities consisting in obtaining, processing and providing information about persons, objects and events, carried out on the basis of an agreement concluded with the principal, in particular:
The catalogue of the above activities is open, therefore it does not limit the tasks commissioned by clients using corporate investigations and detective services, which, thanks to the possession of appropriately qualified staff and relevant public licence, are performed by KIELTYKA GLADKOWSKI for such purposes in Clients’ cases in Poland as:
A special area of practice of KIELTYKA GLADKOWSKI is conducting business intelligence, consisting of, among others, obtaining information that significantly helps our clients, e.g. during the merger and acquisition processes as well as for the purpose of business negotiations. Thanks to many years of experience of KIELTYKA GLADKOWSKI in investigation and detective services, the business intelligence conducted by our lawyers is quick and effective, and its results are clearly presented in the reports delivered to clients. This is a standard activity offered in contracts for the performance of detective activities to our clients, just like the creation and acquisition of new evidence for litigation purposes. In this respect, KIELTYKA GLADKOWSKI also has extensive experience, including cross-border activities. We specialize in combining existing facts and gathering information to create new evidence and prepare evidence recommendations and strategies. What is more, years of experience allow us to work quickly and efficiently, because issues related to the creation and selection of evidence are, just like business intelligence, a standard offer presented to our clients.
It is worth noting that according to the Polish Act on Entrepreneurs’ Law (Polish Journal of Laws 2021.162 consolidated text) of March 6, 2018, detective [2] activity is a regulated (licensed) activity, i.e. an activity that can be conducted after meeting the strict statutory obligations. Interestingly, in the Polish legal system, regulated activity is not tantamount to concession activity, as concession activity requires the fulfillment of even more formal procedures. Nevertheless, the criteria required to conduct detective activities have been met by KIELTYKA GLADKOWSKI for years and continuously.
Under the Polish law the possibility of providing investigation services is fortified with strict requirements.
The Act on Detective Services requires the fulfillment of several criteria that allow initiating the application for a licence. The most important of them is undoubtedly the completion of training in the field of e.g. personal data protection.
The licence held by the staff of KIELTYKA GLADKOWSKI is issued for an indefinite period by the Voivodship Police Commander competent for the place of residence of the person applying for the licence. Interestingly, the licence may also be revoked not only after the cessation of meeting the statutory conditions, but also after the detective submits a notification of the cessation of activities. It is also possible to suspend the licence.
The procedure of obtaining the investigator licence
Pursuant to the applicable regulations, the body keeping the register of entities conducting investigation activities is the minister competent for internal affairs and it is to this authority that the application for the entry in the said register should be submitted. The application should include the following information:
The authority may issue a decision prohibiting the entrepreneur from carrying out the activity covered by the entry when, for example, the data submitted in the application is not true, which may be revealed during the inspection, and thus failure to remove irregularities within the prescribed period may also result in issuing a decision prohibiting the entry. However, it is possible to re-apply for a licence, but only after 3 years from the issuance of the decision on the ban on conducting business activity.
Importantly, a person with an investigator licence may run a sole proprietorship as well as be employed under an employment contract in an investigation agency, but this does not change the obligations of the licence holder. It is worth noting that an entrepreneur conducting detective activities must be obligatorily covered by civil liability insurance.
One of the most important tasks, to which KIELTYKA GLADKOWSKI attaches importance, that must be performed by an entrepreneur performing investigation and detective activities is to maintain the written or electronic form of the services contract, because according to the Polish Civil Code (Polish Journal of Laws 2022.1360 consolidated text) of April 23, 1964 [3] the electronic form is equivalent to the written form. Undoubtedly, this form of contract is a very important element, given that detective activity is a regulated activity and having an actual confirmation, i.e. a written contract, may be very important in the event of potential claims.
The entrepreneur conducting the activity must also, after completing the activities, draw up a final report on the investigation activities performed, i.e. a report in which the investigator characterizes the activities carried out, and then submits it to the client.
The mandatory elements of the investigation report include:
KIELTYKA GLADKOWSKI prepares a factual, detailed and complete investigation report focusing not only on the general aspects of the procedure, but also significantly expanding the subject, which allows the client to obtain complete knowledge in the matter. Each activity included in the report presents new evidence and results in business intelligence information, as these are the main areas of investigation practice carried out by KIELTYKA GLADKOWSKI.
Other obligations of the entrepreneur include maintaining professional secrecy, which is a characteristic feature of regulated professions, however, in exceptional circumstances specified in the Act of the Polish Code of Criminal Procedure (Polish Journal of Laws 2022.1375 consolidated text) of September 1, 1998[4], the entrepreneur may be released from this secrecy.
The above provisions do not conflict with the obligation of the person conducting the activity to notify the law enforcement authorities of the conclusion of the contract, if it may be related to a case in which criminal or penal fiscal proceedings are conducted. It is worth adding that the investigator’s and detective’s activities cannot coincide with those performed by, for example, police officers.
The entrepreneur is also obliged to comply with the statutory provisions regarding the processing of personal data. Personal data obtained without the consent of the persons to whom they refer may be processed only in the performance of investigation or detective services. This is quite an interesting issue, as it leaves some discretion in the handling of personal data and pursuing claims arising from their processing may be difficult.
According to the aforementioned information, KIELTYKA GLADKOWSKI deals with investigation and detective services, in particular business intelligence and the creation, acquisition and selection of evidence for clients’ litigation purposes in Poland. These activities are extensively described in the reports that our clients use in tender procedures or takeovers of enterprises as well as in litigation strategies.
Act on Detective Services (Polish Journal of Laws 2020.129 consolidated text) of January 28, 2020;
Civil Code (Polish Journal of Laws 2022.1360 consolidated text) of April 23, 1964;
Code of Criminal Procedure (Polish Journal of Laws 2022.1375 consolidated text) of September 1, 1998;
Entrepreneurs’ Law (Polish Journal of Laws 2021.162 consolidated text) of March 6, 2018;
Training for persons applying for a detective licence (Polish Journal of Laws 2022.1776 consolidated text) regulation of December 16, 2013;
Amendment of the regulation on training for persons applying for a detective licence (Polish Journal of Laws 2021.671) regulation of March 31, 2021;
Submitting an application for a detective licence (Polish Journal of Laws 2016.99 consolidated text) regulation of August 30, 2004;
Medical and psychological examinations of persons applying for or holding a detective licence (Polish Journal of Laws 2011.251.1511) regulation of November 3, 2011;
Examinations for persons applying for a detective licence (Polish Journal of Laws 2011.142.834) regulation of 7 July 2011;
Application and procedure for issuing a detective’s licence (Polish Journal of Laws 2004.181.1879) regulation of August 9, 2004;
Obligatory civil liability insurance of an entrepreneur for damages caused while performing detective activities (Polish Journal of Laws 2003.229.2283) regulation of 19 December 2003;
Amount and method of paying the fee for issuing a detective licence (Polish Journal of Laws 2002.186.1557) regulation of November 5, 2002;
Documentation required for conducting business activity in the field of detective services (Polish Journal of Laws 2002.137.1160) regulation of August 8, 2002.
[1] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/uslugi-detektywystyczne-16936485
[2] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/prawo-przedsiebiorcow-18701388
[3] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/kodeks-cywilny-16785996
[4] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/kodeks-postepowania-karnego-16798685
