Private enforcement under the GDPR

14.06.2018

While the new data protection regulation provides for severe administrative penalties for failure to comply, it is well known that whether a penalty is effective is determined not by its severity but by its inevitability. Even though the personal data protection authority has been given broad powers, it does not have adequate means of exercising them. A solution could be a private enforcement mechanism within the regulation, whereby any person whose data has been breached can independently seek a judicial remedy.

Catch for newly appointed management board members?

14.06.2018

A gap in legal provisions might mean criminal liability for management board members for not filing financial statements on time.

Important amendments to the Waste Act

14.06.2018

Work has begun on the government’s side on a bill amending the Waste Act and certain other acts. The provisions are a reaction to disturbing reports of waste entering Poland illegally and landfill fires which are hazardous, reported by the media in recent weeks.

Broader powers of the Environmental Protection Inspectorate

14.06.2018

On 7 June 2018 the Government Legislation Centre published a proposal for amendment of the Environmental Protection Inspectorate Act and certain other acts on its website. Under the proposal, the Environmental Protection Inspectorate’s powers would be substantially broadened and administrative fines provided for in environmental laws increased.

Public procurement: appeals will be more effective

14.06.2018

The concept for a new public procurement law suggests changes to ensure greater effectiveness of appeal proceedings and make right of appeal realistic. There will be a specialist court to review the cheaper appeal.

An enforcement clause can be issued for a ruling against a bankrupt company

30.05.2018

The Polish Supreme Court has confirmed that there is no reason not to confirm that a foreign judgment against a bankrupt company is enforceable, and issue an enforcement clause. Courts of lower instance have ruled out this possibility.