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Conflict between disclosure obligations under MAR (Market Abuse Regulation) and the confidentiality of negotiations and trade secrets

Publication date: January 09, 2026

Disclosure obligations under MAR

Regulation (EU) No 596/2014 of the European Parliament and of the Council of 2014 (the so-called MAR Regulation) imposes a number of key information and disclosure obligations on issuers of financial instruments and persons discharging managerial responsibilities.

The main disclosure obligations contained in the aforementioned regulation include, among others, the disclosure of confidential information, as set forth in Article 17. Under this provision, the issuer of securities must publicly disclose all confidential information that directly concerns it as soon as possible after the issue. All such information should be provided in a manner that ensures prompt access and allows for full public review. However, a delay in disclosure is possible. This situation occurs when immediate disclosure could harm the issuer’s interests, but the delay does not mislead the public, and the issuer is able to ensure the confidentiality of the information. The Polish Financial Supervision Authority must be notified of any delay immediately after the information is published.

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INTELLECTUAL PROPERTY LAW – EU AND POLISH PERSPECTIVE

Publication date: January 07, 2026

Intellectual property law plays a key role in protecting creativity and innovation, regulating the use, management, and transfer of rights to works, inventions, and trademarks. In the Polish legal system, these issues are grounded in specific provisions, such as the Copyright and Related Rights Act and the Industrial Property Law, as well as in the general provisions of the Civil Code. The transfer of intellectual property rights, including their transferability, succession, and the form of contracts, raises many practical questions. Can intellectual property rights be transferred under the Civil Code? What are the rules governing their transfer? This article will examine these key issues, including the relationship between the general provisions of the Civil Code and the provisions of specific laws.

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Employment and mandate contract in Poland – crucial differences and consequences for employer

Publication date: December 12, 2025

The main differences between these contracts

An employment contract and a contract of mandate have their origins in two different regulations. An employment contract is regulated in the Labor Code (Chapter 2, Section 1), while a contract of mandate has its essential negotiating power in Title XXI of the Civil Code. However, an employment contract requires the application of the provisions of the Civil Code regarding, for example, defects in a declaration of intent (Articles 82-88), negotiations, or offers (Articles 66-72). As the Supreme Court noted in its judgment of November 29, 2017, I PK 358/16, LEX No. 2433081, in addition to personal subordination between employer and employee, legal issues are also important due to the various legal consequences these contracts have. A contract of mandate does not obligate the principal and the contractor to conclude an agreement, although regardless of the name of the contract, if it contains the requirements of Article 22 § 1 of the Labor Code, it becomes an employment contract.

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Polish labor law – the most important and latest changes

Publication date: December 02, 2025

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Required elements of the statute of an Investment Fund Company in Poland

Publication date: December 01, 2025

Investment Fund Company

An Investment Fund Company (TFI) is the governing body of an investment fund that manages the fund and represents it externally. Furthermore, pursuant to Article 14 of the Act of 27 May 2004 on Investment Funds and Alternative Investment Fund Management (Journal of Laws of 2004, No. 146, item 1546, as amended), only an Investment Fund Company has the right to establish an investment fund. Only a joint-stock company can obtain TFI status.

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