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Draft amendment to the Polish act on consumer rights in connection with the implementation of the directive on digital content and digital services

In May 2019, the European Union issued two directives, namely the one on the contractual aspects of the supply of digital content and digital services (“Directive on digital content“, EU 2019/770) and on the contractual aspects of the sale of goods (“Directive on the sale of goods“), EU 2019/771).

The main objective of both Directives is to contribute to the proper functioning of the internal market and ensure a high level of consumer protection, in particular by establishing rules common to all Member States on contracts for the supply of digital content or digital services concluded between traders and consumers. This is especially about introducing into Polish law provisions on the compliance of digital content or digital service with the contract, in the event of non-compliance of the digital content or digital service with the contract.

The Ministry of Justice has prepared a draft amendment to the provisions of the Act on Consumer Rights and the Civil Code, the purpose of which is to implement the provisions of EU directives related to the pursuit of greater protection for consumers concluding contracts for the supply of digital content or digital services with entrepreneurs. Poland is obliged to implement both directives by 1.7.2021, with effect from 1.1.2022.

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KIELTYKA GLADKOWSKI TAKES PART IN WORKSHOPS FOR ENTREPRENEURS INTERESTED IN DEVELOPING ONLINE SALES AND EXPANDING THEIR ACTIVITIES INTO FOREIGN MARKETS

KG Legal founding partners, Małgorzata Kiełtyka and Jakub Gładkowski are participating in a workshop dedicated to the development of online sales and expansion of business activities into foreign markets, including the US market. The workshops which will take place on May 11, 2021 are conducted as part of the American Investor Desk programs, supported by Google and Polish Development Fund.

The American Investor Desk is an investor-dedicated know-how gateway providing comprehensive information on: 

  • investing in Poland and leveraging over 25 years of local presence & experience by their 350 member firms;
  • investing in the USA and tapping into knowledge and resources about US market.

Those interactive workshops are intended for entrepreneurs and will be divided into sessions guided by experts.

Organizers’ website:

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The Legal 500`s online meeting “The future of law and business in Hong Kong” which for Polish entrepreneurs is the jurisdiction of tax optimization based on transfer prices within the meaning of Council Directive (EU) 2017/1852

On May 5, 2021 at 4 pm Hong Kong time there took place a discussion panel devoted to the future of law and business in Hong Kong (link to the Videoconference Panel). The virtual meeting was chaired by legal experts, including:

  • MR GEOFFREY MA TAO-LI GBM QC SC – Former Chief Justice of Hong Kong.
  • LORD FALCONER – Baron Falconer of Thoroton, Former Lord Chancellor and Secretary of State for Constitutional Affairs from 2003-2007.
  • MR JONATHAN CAPLAN QC – Appointed as Queen’s Counsel since 1991.
  • PROFESSOR LIN FENG – Professor of Law and Associate Dean of the School of Law of City University of Hong Kong.
  • MR JONATHAN MIDGLEY – Senior Partner of Haldanes Solicitors and Solicitor Advocate since 2013.
  • MODERATOR: MR CLIFF BUDDLE – Special Projects Editor, South China Morning Post.

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Is it possible to sell shares online in a Polish limited liability company established via an ICT system?

The answer to this question is affirmative what finds its legitimacy in Article 180 §2 of the Polish Commercial Companies Code. This possibility was implemented into the Polish legislation through the amendment of the Commercial Companies Code of 2016. However, in order to be able to speak of an effective transfer of shares in the discussed e-form, the following three conditions must be met:

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New limitations of the European Commission in the use of artificial intelligence.

Facial recognition technology has gained popularity among companies as a means of monitoring activities for security purposes and confirming the identity of customers. The European Commission has proposed new regulations on the use of artificial intelligence technologies. The regulations are designed to support innovations, such as the use of AI to improve production, forecast climate change and increase user confidence in new generation products with versatile applications.

On the other hand, the use of technologies harmful to the citizens of the European Union, violating their right to privacy, is to be prohibited or subject to restrictions. The proposal is based on a ban on the use of real-time facial recognition by law enforcement, with exceptions. Another assumption is also to prohibit the use of certain types of artificial intelligence systems. The body of the European Union proposed the introduction of a new law that would regulate the issue of using artificial intelligence.

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