The detective report is increasingly being used as evidence in ongoing cases. In family law, business law or in matters related to matter governed by the Hague Convention. Arrangements made by a professional third party may prove to be crucial and often augment the evidence in the process.

Performing detective services is a fully legal activity, described in the Act of 6 July 2001 on detective services. (Journal of Laws of 2017, item 556) (“Detective Services Act”), which states that it consists in obtaining, processing and acquiring information about persons or objects. Detective, according to Art. 13 of the Detective Services Act is required to produce a written report or a title report and hand it over to the employer. The report, as set out in the Act, should include a description of the facts of the case under investigation, the date of commencement and termination of activities, and the scope and conduct of the actions taken.

The evaluation of the legality of the report as evidence is based on both procedural and substantive law. A number of restrictions have been imposed on a detective, for example, he must have a license, he can only provide services on the basis of an agreement with a person involved in a particular case, his services are subject to freedom of establishment. During doing activities, he must act within the limits of the law – ethical principles and due diligence apply. He can make a documentary photograph only during the day, in a public place, and it is forbidden to use illegal means of obtaining information, such as eavesdropping. He cannot violate applicable laws and freedoms nor is it permitted to use methods reserved for law enforcement or special services, such as the Police. Regulations of the protection of personal data also apply.

Proof of the report is admissible by the competent court, but court may refuse to admit them on the basis of their origin, e.g. if evidence has been found in violation of the law. It is treated as evidence from a private document, and according to the Supreme Court ruling of 30 June 2004, “evidence from a private document is an independent means of proof which the court judges in accordance with the principles set out in Article. 233 § 1 c.p.c. “(IV CK 474/03). It is also possible to appoint a detective as a witness, but it is important to remember that a detective is required to keep a secret about the source of the information or the circumstances of the case and release him from such secrecy can only be based on the principles stated in the Code of Criminal Procedure.

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Poland’s accession to the European Union, the development of cross-border activity of enterprises, and the desire to enter new markets contribute to the opening of branches of foreign entrepreneurs on the Polish market. For this reason, the issue of terminating the business in Poland is interesting. Pawel Dyrduł, lawyer from law office KG Legal Kiełtyka Gładkowski Sp.p with its registered office in Krakow, discusses the problem of liquidation of a branch of a foreign entrepreneur in Poland.

Freedom of establishment

Foreign entrepreneurs, under the provisions of the Treaty on the Functioning of the European Union (Articles 49, 51, 54), may establish branches, agencies, subsidiaries, etc. in the Member States. Poland can not affect the restriction of the freedom of establishment of nationals of other Member States. Exceptionally, freedom of establishment does not apply in cases where conducting a given activity by a foreign entrepreneur in Poland would be, at least temporarily, connected with the exercise of official authority. Entrepreneurship entitlement is granted to them in relation to any type of business activity – civil and commercial law, cooperative, etc.

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Legislate by the European Parliament and the EU Council the General Data Protection Act is designed to unify and harmonize the rules on this issue in the Member States. The implementation is scheduled to take place by May 25, 2018. It is therefore worth noting the new provisions, obligations and sanctions that are associated with the adoption of the new law. Paweł Dyrduł, a lawyer from KG Legal Kiełtyka Gładkowski Sp.p with its registered office in Krakow, analyzes the above issues.

What is the GDPA?

GDPA is an abbreviation of the General Data Protection Act. This is a legal act adopted by the EU legislature, which, as the name implies, is aimed at regulating the issue of broadly defined personal data. The official text of the Regulation was published in the Official Journal of the European Union on 4 May 2016. However, the entry into force of the provisions contained in the Regulation was adopted on 25 May 2018. The Member States of the European Union are obliged to implement the provisions contained in the Regulation by 6 May 2018. The implementation of the provisions of the EU legal act will generally be followed by the adoption of relevant national Legal acts.

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Starting from 9 July 2018 – shorter limitation period of claims in Poland – only 6 years, instead of 10 years.

Deadlines

The Polish Civil Code has undergone significant amendments. The most important change as a result of the amendments is the change in the statutory limitation periods of claims. The current ten-year limitation period for property (monetary) claims will be 6 years. However, the limitation periods for claims for periodic and business-related claims will still be 3 years, hence it does not change.

Changes for consumers

The amendment of the Civil Code introduces a different position of the entrepreneur and the consumer, defining the second as a weaker party of legal relations and establishing separate regulations for limitation of claims in respect of consumers, thus improving their legal situation. The new law will no longer allow an entrepreneur to satisfy the claims against the consumer after the expiration of the limitation period. However, there has been added the possibility of the court not to take into account the expiry of the limitation period against the consumer, if the principle of fairness requires it. In such case, the court will have to consider: the length of the limitation period, the time from the expiration of the limitation period to the date the claim was made and the nature of the circumstances that caused the claimant not to make the claim.

The modified legal provisions also include the regulation concerning the sale of second-hand goods to a consumer. The new regulations set forth that the limitation period for claims under warranty cannot end before the lapse of two years from the date of delivery of the item to the buyer.

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At the request of a German client, KG Legal verified a Polish employment agency addressed by a foreign entity operating in the field of employing workers from India in Poland for jobs related to steel and mining industry in one of the largest economic zones in Poland. A positive audit aimed to provide credibility conditions for the foreign client which opens effective cross-border cooperation. Foreign business entities wishing to cooperate with the Polish employment agencies, first of all, pay attention to the presence of employment agencies in public business registers (Register of Entrepreneurs of the National Court Register, Register of Employment Agencies) and to the conditions for issuing a certificate on registering an entity in the register entitling to provide services as an employment agency in Poland.

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