Polish data protection authority announced the launch of inspections regarding compliance with regulations concerning data protection officers and published questions to be asked by the Polish authority in the course of such inspections.

From the beginning of the application of the provisions of the GDPR, the Polish Office for Personal Data Protection, both as part of the ongoing proceedings and in response to reported cases of non-compliance with the provisions on data protection officers, took actions resulting from its powers, specified in art. 58 of GDPR. The previous experience of the supervisory authority in this area has been used to formulate a list of issues which – together with the presentation of relevant evidence – will have to be addressed by the requested controllers and processors.

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On 1 April 2022, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report setting out its proposed amendments to the draft regulation on information accompanying transfers of funds and certain crypto-assets (recast).

The draft report puts forward the following key proposals:

1. No exemptions based on the value of the transfer:

With respect to wire transfers, the Transfer of Funds Regulation requires a payment service provider to ensure that transfers of funds are accompanied by complete information on the originator and the beneficiary and to verify the information on their customer only if the transfers of funds exceeds EUR 1000, individually or as part of small linked transfers which together would exceed EUR 1000, except where the funds to be transferred are received in cash or anonymous electronic money or there are reasonable grounds for suspecting money laundering or terrorist financing. Due to the specific characteristics and risk profile of crypto-assets, the information obligation should apply to crypto-assets transfers, regardless of the value of the transfer. There are clear indications that crypto-asset activities associated with criminal activities and terrorism financing are often transfers of small value. Furthermore, crypto-assets and related technologies enable criminals to split high value transfers into small amounts across multiple wallet addresses in order to avoid detection of AML/CFT monitoring systems and to carry out illicit activities via structured transactions to a scale and global reach not available to wire transfers. In the view of the co-rapporteurs, the removal of a de minimis threshold for crypto-asset transfers would facilitate, rather than complicate, compliance and risk management by cryptoasset service providers. This is particularly relevant in light of the difficulty to identify linked transfers executed via multiple apparently unrelated wallet addresses as well as the high volatility of the valuation of most crypto-assets.

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The Polish Public Procurement Office has issued recommendations regarding indications and requirements related to public procurement for IT systems.

The guidelines are divided into two volumes and together they provide a collection of information on public procurement of IT systems. The first volume presents recommendations and guidelines relating to preparatory activities prior to the commencement of a public procurement procedure for information systems, while Volume II is devoted to recommendations and guidelines relating to the description of the subject of a contract and preparation of a public procurement procedure for information systems.

Process of preparing the proceedings

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On August 2, 2021, Poland submitted to the European Commission an application for a derogation pursuant to Art. 395 of Council Directive 2006/112/EC on the common system of value added tax to authorize the application of a measure derogating from Art. 218 and 232 of that directive.

On 30 March 2022 the European Commission, based on the application, prepared and submitted to the EU Council a draft derogation decision authorizing Poland to implement the mandatory electronic invoicing system.

The Polish Ministry of Finance is working on the business and legal concept of the target National System of Electronic Invoicing. The assumption is the fullest possible use of the potential of electronic invoicing within the scope of consent granted to Poland by the EU institutions.

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The project of the Polish company based on deep neural networks allows to automatically search for trolls in the network and fight disinformation. It will also evaluate and predict, as well as suggest an effective form of business publication on social networking sites.

Fighting online disinformation is a huge challenge, both for social networking sites and for business. On the other hand, it is a huge threat to users, but also to entire communities, organizations, countries and companies. Various types of disinformation campaigns can hit not only politicians directly, but also national minorities.

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