The amendment of the Commercial Companies Code (hereinafter “CCC”) to introduce holding law has already been discussed in our material Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms. However, as a continuation of this topic, we would like to touch upon one of its elements – the introduction into Polish commercial law of the measure of business judgment called “Business Judgement Rule” in assessing the actions of members…

On February 1, 2021, a new draft act on freedom of speech on social media platforms appeared on the Polish Ministry of Justice website. Works on the draft act, originally announced by the ministry in December last year, gained momentum in mid-January amid Twitter and Facebook blocking Donald Trump’s accounts, which the Polish government viewed as censorship. The Minister of Justice said that freedom of speech and debate is the cornerstone of democracy and censoring…

On January 12, 2021, the Council of Ministers adopted a draft law amending the Law on Prevention of Money Laundering and Financing of Terrorism and certain other acts, which was submitted by the Minister of Finance, Funds and Regional Policy (the “Draft”). The Draft aims to implement EU legislation preventing the use of the financial system for money laundering and terrorism financing. It is hoped this will increase the transparency of information on financial flows…

Toward the end of September 2020, a draft amendment of the Act on Competition and Consumer Protection (the Draft) was up for public consultation in Poland. The provisions of the Draft are currently being agreed upon. The objective is to incorporate into the Polish legal framework Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and…

Much attention has been paid recently to the latest government-sponsored, draft civil procedure amendment, which, piggybacking on the e-bidding solutions regulations, proposes amendments to the COVID-19 acts introducing temporary solutions regarding, among others, the functioning of civil courts. The draft has just been submitted to the Sejm. However, it must have been intensely debated previously, since the proposed changes only have one day’s vacatio legis. The new rules introduced by the draft are intended to…

The past few months have seen increased activity from the Polish Office of Competition and Consumer Protection (UOKiK), which resulted in fines for a number of entrepreneurs. We summarise below what we consider the most significant measures taken by UOKiK in 2020.…

The need to regulate the so-called “holding law” within the commercial law has raised much controversy for some time now. Unlike certain foreign legal frameworks, the Polish law had been functioning with merely fragmentary regulations in that regard – legal scholars had been debating the purpose of introducing such solutions to the Polish Commercial Companies Code. On 5 August 2020, the Government Legislation Centre published the detailed assumptions of the draft amendment to the Commercial…