Recent selected cases in 2019 – 2020

We are proud that we have been trusted with the development of the following projects for our Clients:

1. IT and new technologies sector (cryptocurrency)

KIELTYKA GLADKOWSKI provided complex assistance to non-EU investor in respect of legal possibilities of cryptocoin mining in Poland. The assistance involved the choice of the legal form of activity in Poland, the shareholding structure, the regulatory requirements, compliance with energy law and the analysis of investment costs (including tax costs) as well as the possibility of investing in special economic zones in Poland.

2. Enforcement of Swedish court judgment in Poland

KIELTYKA GLADKOWSKI represented a Swedish joint stock company that entered into a commercial litigation with the Polish company. The dispute arose due to the fact that the bailiff enforcement of an enforceable Swedish judgment in Poland turned out to be ineffective, due to the removal of valuable assets by the debtor from the company. In other words, the debtor in Poland, knowing about the pending litigation in Sweden, instead of defending its claims in the Swedish court, started to remove the assets from its company, thus preparing to enforce the judgment in Poland by the Swedish creditor. KIELTYKA GLADKOWSKI initiated criminal proceedings against the board members of the Polish company and the so-called actio pauliana in the Polish civil court and ultimately successfully settled with the debtor to pay the entire debt.

3. Litigation in the Polish court of a claim made by Danish corporate client

After almost 2,5 year-long litigation in the Polish court, KIELTYKA GLADKOWSKI succeeded in being awarded the entire claim in favour of its Danish corporate client. The litigation was pursued against four entities. The dispute was a high-value court case, with cross border elements, including Danish jurisdiction. The matter regarded the international sale of goods under the Vienna Convention and required the analysis of complex issues of limitation period based on Polish and Danish law, counterclaim made by one of the defendants, interpretation of legal provisions of the foreign law courts in the situation when the parties did not have a written contract in place.

4. Regulatory and compliance assistance for a multinational pharmaceutical company with a subsidiary in Poland

KIELTYKA GLADKOWSKI acted before the Main Sanitary Inspectorate in Poland in the procedure of obtaining the licence for pharmaceutical wholesale activity of the multinational Client. The Client aimed to obtain the licence for its own entity, while subcontracting the number of tasks of pharmaceutical wholesale entity to subcontractors. The registration of a pharmaceutical wholesale entity in Poland requires the compliance of a number of strict provisions, particularly for the entities having international shareholder structure.

The legal assistance provided by KIELTYKA GLADKOWSKI for the pharmaceutical wholesaler also included advising on the sale of reimbursed medicine in Poland and the principles of parallel import of medicine (including such countries as Canada, Germany and the Netherlands).

5. GDPR requirements in online sale of goods

KIELTYKA GLADKOWSKI prepared and provided the Client with the internal regulation, contract and policy of outsourcing the Client’s services to Poland, in compliance with data protection law, both in the UK and Poland. The provided documents were developed in order to adjust the Client’s operations to the requirements of the GDPR. The legal assistance rendered by KG Legal consisted in providing legal opinion about the Client’s activity in the Polish jurisdiction, preparing documents, handling of personal data of the managers and employees, customers buying the Client’s products online and the outsourced subcontractors, as well as the representation before the Polish public authorities in respect of registering the entities responsible for the data privacy and data protection.

6. Providing the legal assistance to contract research organization in international project of clinical trials.

KIELTYKA GLADKOWSKI has been involved in providing legal assistance to contract research organization headquartered in non-EU country. The Client is acting as agent for one of their sponsors who is taking their study to Poland. The Client required their site agreement template reviewed and adjusted to the Polish legal requirements and guidance on local Polish laws, especially in respect of GDPR requirements.

7. KIELTYKA GLADKOWSKI was involved in providing legal protection of the Client’s distribution of products in online sale process

The creation of the distribution of goods for consumers also in online mode (while remaining the standard mode of sale) required the provision of the legal solutions of a number of problems of data protection, both as to the sensitive data of the customers, employees and subcontractors (like the distributors and logistics providers) as well as payment data. Legal services of KG Legal consisted in securing the interests of the Client and preparing documents of internal policy as well as securing the interests of the Client before the Data Protection Authorities in Poland.

8. Assistance within legal aspects of IT procedures applied by the Client in trading with the alternative securities based on cryptography.

The Client developed an AI trading robot backed by the consistency and predictability of mining (cryptocurrency). The task of KG Legal is to indicate the methods of legalising in Poland the disclosure of the data created as a result of deciphering of the data (cryptographic methods) in case of a global application (in different jurisdictions) of such technologies as PKI (Public Key Infrastructure) or KSI (Keyless Signature Infrastructure). The task of KG Legal is to create legal framework of the Client’s activity in the Polish jurisdiction in order to provide the safety of the data in the IT systems.

9. Registering sports agency and securing the legal frames of its activity in Poland

KIELTYKA GLADKOWSKI assisted in registering in Poland a sports agency with international shareholding structure. KG Legal created the legal structure of the sale of services offered by the Client in the form of the general agreement set forth in art. 2 section 2 letter c) of the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

10. Preparation of set of data protection contracts in respect of the innovative product offered by the Client – web-based platform for maintenance and management of car fleets.

KIELTYKA GLADKOWSKI provided legal services in the area of data protection and data privacy related to high-quality technology solutions rendered by the Client to automakers and their franchised dealers which facilitate the sale of Original Equipment (OE) replacement parts. KG Legal advised on the implementation of a web-based platform designed to provide the solutions for maintenance and repair quote authorization, management and online invoicing connecting leasing companies, fleet operators, suppliers and repairers online in real-time. KG Legal secured the regulations of the collection, processing and storage of the data of all the participants of the platform, namely fleet management companies, leasing companies, repairers and manufacturers.