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Draft amendment to the Polish act on consumer rights in connection with the implementation of the directive on digital content and digital services

In May 2019, the European Union issued two directives, namely the one on the contractual aspects of the supply of digital content and digital services (“Directive on digital content“, EU 2019/770) and on the contractual aspects of the sale of goods (“Directive on the sale of goods“), EU 2019/771).

The main objective of both Directives is to contribute to the proper functioning of the internal market and ensure a high level of consumer protection, in particular by establishing rules common to all Member States on contracts for the supply of digital content or digital services concluded between traders and consumers. This is especially about introducing into Polish law provisions on the compliance of digital content or digital service with the contract, in the event of non-compliance of the digital content or digital service with the contract.

The Ministry of Justice has prepared a draft amendment to the provisions of the Act on Consumer Rights and the Civil Code, the purpose of which is to implement the provisions of EU directives related to the pursuit of greater protection for consumers concluding contracts for the supply of digital content or digital services with entrepreneurs. Poland is obliged to implement both directives by 1.7.2021, with effect from 1.1.2022.

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The Legal 500`s online meeting “The future of law and business in Hong Kong” which for Polish entrepreneurs is the jurisdiction of tax optimization based on transfer prices within the meaning of Council Directive (EU) 2017/1852

On May 5, 2021 at 4 pm Hong Kong time there took place a discussion panel devoted to the future of law and business in Hong Kong (link to the Videoconference Panel). The virtual meeting was chaired by legal experts, including:

  • MR GEOFFREY MA TAO-LI GBM QC SC – Former Chief Justice of Hong Kong.
  • LORD FALCONER – Baron Falconer of Thoroton, Former Lord Chancellor and Secretary of State for Constitutional Affairs from 2003-2007.
  • MR JONATHAN CAPLAN QC – Appointed as Queen’s Counsel since 1991.
  • PROFESSOR LIN FENG – Professor of Law and Associate Dean of the School of Law of City University of Hong Kong.
  • MR JONATHAN MIDGLEY – Senior Partner of Haldanes Solicitors and Solicitor Advocate since 2013.
  • MODERATOR: MR CLIFF BUDDLE – Special Projects Editor, South China Morning Post.

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Is it possible to sell shares online in a Polish limited liability company established via an ICT system?

The answer to this question is affirmative what finds its legitimacy in Article 180 §2 of the Polish Commercial Companies Code. This possibility was implemented into the Polish legislation through the amendment of the Commercial Companies Code of 2016. However, in order to be able to speak of an effective transfer of shares in the discussed e-form, the following three conditions must be met:

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KG LEGAL KIELTYKA GLADKOWSKI has today (31 March 2021) participated at ABI’s Virtual Happy Hours.

This is the event organised by the American Bankruptcy Institute where KG LEGAL actively operates as a member in assisting peers in cross border insolvency and restructuring cases involving Polish and US jurisdiction.

 

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New EU rules for posting workers have been implemented in Poland – the President signed the act regulating cross-border labour law

The Polish parliament passed an amendment to the act on the posting of workers in the framework of the provision of services and some other acts. The amendment to the Polish law implements EU regulations. According to the press releases, the amendment may affect all 31 thousand employees posted from other countries to the territory of Poland.

Change of employment conditions of a posted worker on the territory of the Republic of Poland.

The purpose of the amendment is to implement the EU Directive 2018/957 of June 28, 2018 regarding the posting of workers as part of the provision of services.

In line with the recital 13 of the Directive, experience shows that workers who have been hired out by a temporary employment undertaking or placement agency to a user undertaking are sometimes sent to the territory of another Member State in the framework of the transnational provision of services. The protection of those workers should be ensured. Member States should ensure that the user undertaking informs the temporary employment undertaking or placement agency about the posted workers who are temporarily working in the territory of a Member State other than the Member State in which they normally work for the temporary employment undertaking or placement agency or for the user undertaking, in order to allow the employer to apply, as appropriate, the terms and conditions of employment that are more favourable to the posted worker.

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