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THE END OF THE INSTITUTION OF INCAPACITATATION IN POLAND, THE DRAFT ACT ON INSTRUMENTS FOR SUPPORTED DECISION-MAKING

Publication date: January 16, 2026

Prepared by Konrad Byrski, KIELTYKA GLADKOWSKI KG LEGAL

One of our lawyers, Konrad Byrski, had recently the opportunity to participate in the Legal and Psychological Congress, which aimed to exchange views, discuss and present interesting issues regarding the participation of expert psychologists and psychiatrists in various types of proceedings provided for in the Polish legal system and basic institutions that include an emphasis on psychological sciences.

The topic of his presentation was the institution of incapacitation, periods of momentary consciousness of a mentally ill person (the so-called “lucidum intervallum”) and their impact on the performance of legal acts, as well as the institution of total and partial incapacitation with a strong emphasis on the draft act on instruments of supported decision-making, which put the existence of these two institutions in uncertainty in the near future.

This article will explore the draft of this bill. It will discuss the reasons for these likely changes, the new regulations it provides, and its implications for individuals already subject to various forms of incapacitation.

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Poland blocks the national implementation of the EU Act on the provision of electronic services

Publication date: January 15, 2026

The draft act amending the Act on the Provision of Electronic Services and certain other acts represents a significant step in adapting Polish legal regulations to the rapidly evolving digital landscape. The growing number of entities operating online, new methods of electronic communication, and the vast scale of data processing mean that the current regulations are increasingly imprecise or inadequate for the current times. In response to these challenges, the legislator proposed changes aimed at both increasing the protection of network users and clarifying the obligations of entities providing electronic services.

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Analysis of the new rules of the Warsaw Stock Exchange for issuers listed in the NewConnect alternative trading system and methods of delisting a company from NewConnect

Publication date: January 13, 2026

The NewConnect exchange operates as an alternative trading system operated by the Warsaw Stock Exchange. It was established to create a space for small and medium-sized companies with high potential, which can be tapped thanks to the capital injection NewConnect seeks to offer. In November 2025, the WSE announced changes to the regulations of this exchange, as well as the Catalyst exchange. However, it is widely known that the change will primarily affect NewConnect. It is intended to increase the transparency of companies listed there and ensure the attractiveness of the exchange. This is one of the first steps towards the “revitalization of NewConnect.” Nevertheless, companies continue to withdraw from NewConnect or seek to migrate to the regulated market.

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Amendment to copyright law in Poland- new rules of fair use. Webscraping, text and data mining. Text and data mining as an activity, not a mining tool (technique)

Publication date: January 09, 2026

On 20 September 2024, an amendment to the Act of February 4, 1994 on Copyright and Related Rights entered into force. The purpose of the amendment was to implement two directives of the European Parliament and of the Council (EU) of April 17, 2019, into the Polish legal system: 1) Directive 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions by broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (the so-called SATCAB II Directive) and Directive 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (the so-called Digital Single Market Directive, or DSM). The deadline for implementing both directives expired long ago, in June 2021. This delay was in particular the result of waiting for the European Commission’s guidelines on the application of Article 17 of the DSM Directive, as well as the controversy related primarily to this provision and the emerging allegations against the directive that it reduces the scope of freedom of speech on the Internet.

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EU Pharma Package – practical summary related to orphan drugs

Publication date: January 09, 2026

Much of the EU’s pharmaceutical legislation was adopted over 20 years ago. It is clear that much progress has been made in this area since then. Furthermore, due to the nature of European Union legislation, these regulations are fragmented into numerous smaller regulations and directives. To address both of the aforementioned issues, in 2023, the European Commission presented a draft of new legislation in this area. This draft was called the Pharmaceutical Package. After publishing the draft regulation and directive, the European Parliament adopted the draft with amendments at first reading in 2024. Since then, negotiations have been ongoing with the Council of the EU on the final shape of the regulations. However, on December 16, 2025, the Council published the outcome of the negotiations, announcing that both legislative bodies had reached a preliminary agreement on the final shape of the regulations.[1] Now, the draft will be put to a vote by the EU Council, where, probably after introducing the agreed amendments, it will be sent back to the Parliament, which will have to accept the amendments.

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