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Amendments to the AML Act – changes in the Polish virtual currency market

AML stands for anti-money laundering, and its main task is to protect the financial system from being used for criminal purposes. Currently, the virtual currency market is one of the fastest growing in the world. Unfortunately, they are often used for illegal purposes. To prevent this, on May 15, 2021 an amendment to the AML Act entered into force.

Act of March 1, 2018 on counteracting money laundering and financing of terrorism – Polish regulations

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THE ISSUANCE OF QUALIFIED CERTIFICATE AND PROVISION OF TRUST SERVICES FOR FOREIGNERS IN POLAND

POLISH NATIONAL CERTIFICATION CENTRE

The Polish National Certification Centre is an organisation which runs a list of trust services providers and qualified electronic signatures accepted in Poland. The legal frames of this institution functioning is provided by the Act of 5 September 2016 on Trust Services and Electronic Identification.

In the article 2 of this Act we can read that:

Art. 2. [Tasks of the minister]

The Polish minister responsible for the informatization ensures the functioning of the national trust infrastructure, which includes:

1) a register of trust service providers, hereinafter referred to as the “register”;

2) trusted list;

3) a national certification center.[1]

The Polish National Certification Centre tasks are included in Article 10 and this article is crucial for the trust services providers, because the National Certification Centre tasks include:

  1. The creation and issuing to qualified trust service providers the certificates for the verification of qualified electronic signatures and electronic seals;
  2. The publication of the certificates;
  3. The publication of revoked certificates lists.

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POLISH REGULATIONS ON E-CERTIFICATE

European Union legislator, considering the previous Member States’ experiences, modified the professionalization of electronic communication idea and passed the new law – REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC [1], so-called eIDAS Regulation.

The aim of this Regulation was to increase confidence in the electronic trade market area in extent of e-business and contact with public entities by the introduction of the unified IT solutions legal frames for the entire European Union. These legal frames provide a reliable determination of the natural persons’ and organizational units’ identity.

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THE POLISH MEDIA LAW AMENDMENT (BROADCASTING ACT) – PROVISIONS, CONTROVERSIES AND ITS INTERNATIONAL LAW CONSEQUENCES

On 11th August 2021 Poland’s lower house of parliament passed an Amendment Act to the Act of 29 December 1992 on broadcasting (radio and television)[1]. This draft law aroused vast controversies and interest both among the Polish and international society. The draft law has been submitted to the Sejm (lower house of the Polish parliament) at the beginning of July 2021 and after one month the Amendment Act was passed by the Sejm and has been conveyed to the Senate (the higher house of Polish parliament) and President. Thus, the Sejm enactment was only the first instance of the legislative process, now the Senate will get on the Act.

To see the legislation path in Sejm: https://www.sejm.gov.pl/sejm9.nsf/PrzebiegProc.xsp?nr=1389

Before we move to the Amendment Act itself, at first we will begin by outlining the general legal frames of the Broadcasting Act.

MEDIA LAW – POLISH REGULATIONS

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Electronic currency volatility in the recent El Salvador case

The bitcoin currency has been experiencing its peak moments for a long time. Many consider bitcoin to be an easy way to earn money, and others consider it to be the “currency of the future”. Unfortunately, this view may be in future verified, as can be seen on the example of the Republic of El Salvador.

On September 7, 2021, El Salvador officially adopted bitcoin as an official and legal tender, making the cryptocurrency an accepted means of exchange for goods and services. The euphoria and optimism related to the changes did not last long, because on the same day, there was a huge drop in the value of bitcoin. Within moments on Tuesday, September 7, bitcoin’s value plunged 17% and ended its decline on Wednesday by around 10%. Other digital assets also fell. According to Kraken (the cryptocurrency exchange in general), Cardano’s token (ADA) and the second largest cryptocurrency, Ether, fell 18% and around 13% respectively. (As of September 8 at 5:00 p.m.).

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