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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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THE POLISH ADMINISTRATIVE PROCEDURE CODE AMENDMENT IMPORTANT FROM THE PERSPECTIVE OF POST-WAR POLISH PROPERTIES LEGAL STATUS AND POLISH OWNERS OF JEWISH ORIGIN

On 11 August 2021 the Polish Act of Administrative Procedure Code Amendment was passed by the Polish lower house of the Parliament after the Senate’s adjustment consideration. On 14 August 2021 the Amendment Act was signed by the Polish president and on 16 August 2021 was published in the Polish Official Journal of Laws. As we can read on the official websites and from the official Ministry of Justice statement (from the ministerial conference):

The amendment to the Polish Administrative Procedure Code protects the interests of thousands of Polish citizens who are uncertain about the fate of properties important to them. The provisions passed by the Sejm dismiss the spectre of never-ending claims against the State Treasury. [1]

This statement should be read in the context of the real estate’s reprivatization socio-legal problem, to which politicians have mainly referred. [2]

It is worth to notice that this amendment implemented Constitutional Tribunal judgement of 2015 (P 46/13) on the inconsistency with the Polish Constitution of previous procedural articles and there are a lot of critical voices about recent amendment, for instance here:

https://www.prawo.pl/samorzad/niewaznosc-decyzji-administracyjnych-niebezpieczna-nowelizacja,510006.html

To see the Constitutional Tribunal judgement: https://sip.lex.pl/#/jurisprudence/521776428.

THE AMENDMENT ACT PROVISIONS

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KIELTYKA GLADKOWSKI took part in the Idea Growth Power Lunch Summit on i-gaming and sports betting

On September 13 and 14, 2021, KIELTYKA GLADKOWSKI took part in two webinars, organised by Idea Growth (https://ideagrowth.org/), concerning the broadly understood i-gaming and sports betting, which are one of the core specializations of technology sector of KIELTYKA GLADKOWSKI. Each of the webinars had the form of a short 1-hour condensed session conducted by the experts of the above-mentioned fields.

On Monday, September 13, 2021, the first webinar addressed “the imperative of advertising to acquire customers while respecting various state laws and prioritizing responsible gaming practices.”

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