On 13 December 2022, the European Commission launched the process towards the adoption of an adequacy decision for the EU-U.S. Data Privacy Framework, which will foster safe trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union in its Schrems II decision of July 2020.
The draft adequacy decision, which reflects the assessment by the Commission of the US legal framework and concludes that it provides comparable safeguards to those of the EU, has now been published and transmitted to the European Data Protection Board (EDPB) for its opinion. The draft decision concluded that the United States ensures an adequate level of protection for personal data transferred from the EU to US companies.
Key elements of the framework decision:
US companies will be able to join the EU-U.S. Data Privacy Framework by committing to comply with a detailed set of privacy obligations, for instance, the requirement to delete personal data when it is no longer necessary for the purpose for which it was collected, and to ensure continuity of protection when personal data is shared with third parties.
EU citizens will benefit from several redress avenues if their personal data is handled in violation of the Framework, including free of charge before independent dispute resolution mechanisms and an arbitration panel.
Copyright to archival public photos and photos of museum collections.
Polish law shows the lack of dedicated comprehensive legal constructions as to the rules on which the image of museum collections can be used by web designers. This problem seems to be an interdisciplinary issue and subject to standard copyright protection rules, despite the fact that more and more often the deregulation of IP rights for the digitization of cultural entities encounters comprehensive solutions at the statutory level as part of the implementation of EU solutions. An example of recent legislation is the ongoing work at the Polish Government Legislation Center on a draft amendment to the Copyright Act by introducing a new Art. 262 in order to provide “cultural heritage institutions” with systemic deregulation tools, standard IP protection for the reproduction of works for the purpose of text and data mining for the purposes of scientific research, thus implementing Art. 3 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ EU L 130 of 17.05.2019, p. 92).
On December 12, 2022, the first industry meeting of POLISH TELEHEALTH ALLIANCE 2022 will take place in the building of the Warsaw Stock Exchange, where the most important entities operating on this market, together with representatives of public administration, will try to find an answer to the question of ‘Why telemedicine is not widely available in within the framework of benefits guaranteed in Poland’.
The event is a closed working conference, organized by the environment of telemedicine companies and addressed to entities from the telemedicine market. Among the organizers there are companies such as: Clebre, Medapp, Nestmedic, Pro-PLUS, Sidly, Telemedycyna Polska. During the event, participants will discuss patients’ access to telemedicine solutions, identify market blockers and work out joint actions with the Ministry of Health, the National Health Fund and the Medical Research Agency, aimed at market development and implementation.
Undoubtedly, scientific and technical cooperation is one of the most important issues in the development process. Research in this area allows for further development , to a greater or lesser extent, of the whole society, even in the field of exact sciences, such as biology, as exemplified by the development of COVID-19 vaccines.
The aforementioned research may be based on the smooth cooperation of many countries, organizations, such as the European Union, which, however, under the Lisbon Treaty , which gives it legal personality, can be treated as a state, i.e. in the same way as Poland or the United States, whose scientific and technical cooperation is based on, among others Agreement between the Government of the Republic of Poland and the Government of the United States of America on scientific and technological cooperation, signed in Washington on April 23, 2018.
Recommendations for influencers regarding the marking of advertisements in Poland
The popular problems of the top brands of the influencing industry in the USA show, in a nutshell, the direction in which the legal status of counteracting unfair practices in the field of advertising labeling by influencers will certainly evolve in Poland as well. Current American press titles draw attention to – as it turns out – quite restrictive approach of regulators to the phenomenon of promoting the most modern financial and investment services by people known but not related to the “crypto, CFD and PRIIP market”, which is more and more frequent also in Poland and common in the USA based on high risk and modern virtual access to the capital and virtual market. This is because we are talking about promoting trading platforms, created with the possibilities of distributed protocol technology in the Fintech sector in mind. Thanks to the wide reach of well-known people, the influencers’ promotion of such services is aimed at reaching the mass circle of end users who, by definition, do not have specialist knowledge about the principles of risk and the potential threats of investing in not only the well-known so-called cryptocurrency, but also in financial derivatives with the help of CFDs, leverage and methods of leveraging investment potential as part of a massive number of distributed maps of individual investors.
The case of “Kim Kardashian” and the legality of influencer promotion of financial and virtual market instruments
