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Changes in regulations concerning global mobility

What is global mobility?

Due to the constant development of businesses and the fact that they are, more and more often, operating from several countries around the world at once, legal regulations concerning the posting of workers in the framework of the provision of services have appeared. This model is profitable for the businesses, because they can move their biggest ‘talents’ to offices and countries that could use their abilities in the best way. For the employees, on the other hand, it could pose a chance for development and give them a possibility to move abroad without having to look for another job. Initiatives like this are supported by the European Union – in 2019 they even issued a practical guide on posting (link)

Law regulations

Issues concerning global mobility are regulated, among others, by the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, OJ L 018 21.1.1997, p. 1-9 (later: Directive 96/71/EC), Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) Text with EEA relevance, OJ L 159, 28.5.2014, p. 11–31 (later: Directive 2014/67/EU) and in Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Text with EEA relevance), OJ L 173, p. 16-24 (later: Directive 2018/957).

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The Annual General Meeting of the BioLawEurope association, whose members are partners of the KG LEGAL law firm and whose attorney K. Jakub Gladkowski is the auditor, will be held on June 30, 2021.

The Annual General Meeting will be held online, during which decisions will be made, among others, on the expanding cross-border cooperation and new opportunities to increase law firm legal services as part of participation in life science organizations of the association.

BioLawEurope F.m.b.A comprises a network of independent law firms, i.e. a collective number of licensed attorneys operating nationally under a common trademark or name, but not necessarily in the form of a corporation, and individual attorneys registered and licensed in one or more European jurisdictions and specialized in the rendering of legal services to commercial as well as non-profit based natural and legal persons, including universities and organizations operating, investing in and/or servicing biotech, pharma, food supplement, medical device and/or dentistry industry related.

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Is this the future of digital banking? The rise of challenger banks and their legality from the perspective of EU regulators protecting the rights of end users of cryptocurrency services

Official announcements from financial market regulators in individual European Union countries confirm the legality of individual challenger and mobile banks as electronic money institutions. One example is Revolut Ltd based in the UK, whose legal status in Europe before BREXIT is that of an electronic money institution established in the UK. Prior to Brexit, receipt of a UK licence granted by the relevant regulator, the Financial Conduct Authority, authorised Revolut to engage in the business of issuing electronic money and providing payment services, including maintaining payment accounts and executing payment transactions. Under the EU freedom to provide services and on the basis of the so-called “single European passport”, challenger and mobile banks such as Revolut Ltd are entitled to operate on the territory of other EU member states, including Poland (according to the notification received by the Polish Financial Supervision Authority from the Financial Conduct Authority on 06 June 2016).

However, the legality of operations is not related to the possibility of proper control and protection of end users using the services of challenger and mobile banks. In view of the above, for example, the Polish Financial Supervision Authority does not have the legal and operational capabilities to identify potential improper practices or actions of such entities at an early enough stage to prevent infringements of the interests of their Polish customers.

Regardless of doubts whether the use of challenger and mobile banks is supervised and safe for customers, the legality of such cryptocurrency services is becoming an everyday reality.

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KIELTYKA GLADKOWSKI PARTICIPATES IN THE TRAINING DIGITAL TRANSFORMATION OF THE LAW FIRM ORGANISED BY THE POLISH ATTORNEY BAR – 10 JUNE 2021

On 10 June 2021 KIELTYKA GLADKOWSKI will participate in the training “Digital transformation of the law firm” organised by The New Technologies Committee of the Polish Bar. The training will discuss new technologies used in legal services, technologies as a factor in changing the model of legal services, the application of artificial intelligence in legal tech as well as practical implementation of technologies in law firms.

KIELTYKA GLADKOWSKI has broad experience in legal tech sector, including technologies in document analysis, data set analysis, AI in analyses of case law and legal doctrine, Document Creation Automation, Process Automation, Data Security and Risk Analysis, cybersecurity, compliance, data, document and collaboration platforms, Online Dispute Resolution, Smart contracts, custom legal tech tool development, debt collection and document management.

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DOCUMENT VERIFICATION SYSTEM USING BLOCKCHAIN TECHNOLOGY

THE STUDY OF THE LEGAL PROBLEM

Blockchain is a cryptographically secured, decentralized register of certain events on the basis of which a database is built, and each subsequent event affects its state. Blockchain technology provides the ability to authenticate documents sent physically. The use of multi-level authentication and signing of documents using Blockchain network is an innovative solution that opens new opportunities for secure and integral exchange of documents between different entities while ensuring their authenticity and invariability. The unquestionable advantage of using this solution is its decentralized character, allowing to omit the institution issuing the document and any other third parties, moreover:

– enables certainty of trading in electronic documents;

– facilitates auditing the institution (even remotely);

– prevents forgery of documents;

– makes it possible to track all modifications of a document over time; and

– ensures undeniable identification of the person/institution making each modification. 

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