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Investment Funds under Polish law – open-end investment funds, specialist open-end investment funds and closed-end investment funds

Publication date: June 02, 2025

According to art. 3 sec. 1 of the Act of 27 May 2004 on investment funds and management of alternative investment funds, an investment fund is a legal person whose exclusive business activity is to invest funds collected by proposing the purchase of participation units or investment certificates in securities, money market instruments and other property rights specified in the Act. This means that the sole purpose of such a fund is to invest money that has been collected from people. The investment must meet the principles specified in the Act. It is worth noting that an investment fund acquires legal personality only upon entry into the register of investment funds.

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INFLUENCERS AND ADVERTISEMENT

Publication date: May 23, 2025

Guidelines of the Polish Office of the Protection of Competition and Consumers

Guidelines issued by the Polish Office of the Protection of Competition and Consumers on the legal correctness of advertising products or services provided by influencers:

Unlawful practices:

  • Failure to highlight advertising materials and differentiate them from non-commercial ones;
  • Misleading omissions – Article 6, section 1 of the Act of 23 August 2007 on counteracting unfair market practices;
  • Surreptitious advertising consisting in the use of journalistic content in mass media in order to promote a product – Article 7, point 11 of the Act on Counteracting Unfair Market Practices;
  • An act of unfair competition when a statement that encourages the purchase of goods or services gives the impression of neutral information – Article 16 section 1 point 4 of the Act of 16 April 1993 on Combating Unfair Competition.

We assess the compliance of an influencer, advertiser or advertising agency with the regulations individually, based on specific circumstances.

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MEASURES SUPPORTING INNOVATION – Regulatory sandboxes. Testing innovative solutions, including systems based on artificial intelligence, in controlled conditions.

Publication date: May 23, 2025

The ability to create and implement new ideas is one of the most important elements that helps companies stand out on the market and achieve success. Small and medium-sized enterprises (SMEs) play a particularly important role in the development of the economy. They are the ones that often employ people in their local communities, quickly adapt to changes and are the source of many modern solutions. According to the definition in Commission Recommendation 2003/361, the SME category includes enterprises with fewer than 250 employees, whose annual turnover does not exceed EUR 50 million or whose annual balance sheet total does not exceed EUR 43 million. Within this category, a distinction is made between microenterprises (up to 10 employees), small enterprises (up to 50 employees) and medium-sized enterprises (up to 250 employees).

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Human-centric and trustworthy artificial intelligence (AI)

Publication date: May 23, 2025

Lead: The AI Act is the legal core for regulating the rules of trade and use of AI technologies. This key document, which can be classified in the substantive law segment, should be read primarily as a list of “prohibitions” for full economic freedom for a noble purpose: namely, to maintain the right balance between market protection and Europe’s competitiveness vis-à-vis other global markets.

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Participants in the conformity assessment process – i.e. actors who guarantee the product’s compliance with EU regulations

Publication date: May 20, 2025

INTRODUCTION

The conformity assessment process is a key element in ensuring the safety, quality and compliance of products with applicable standards and legal regulations – both on the domestic and international markets. Its effectiveness is based on the cooperation of many entities, each of which plays a specific role and bears the assigned responsibility. The participants of this process include manufacturers, their authorized representatives, importers, as well as specialized units – certification, control and research laboratories (Article 4 of the Act of 30 August 2002 on the conformity assessment system (Journal of Laws of 2023, item 215).

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