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Data governance in a digital world and moving data do the cloud – legal aspects

Publication date: February 23, 2023

In today’s legal world, new technologies are being used more and more often, which are aimed at modernizing the work of lawyers. Data privacy and protection is a priority in today’s increasingly digital world, where a rapidly changing regulatory landscape creating challenges for business and more and more data is sent to the cloud. The momentum towards digital transformation is moving fast in many countries and this is another changing space that is exciting and challenging.

What sorts of challenges we are seeing being created by changes in digital world?

Cloud and retail technologies have advanced significantly, including customer understanding of the level of robustness and security of these solutions. A market of new technologies is changing at a great speed. There is a proposal for more demand and many large enterprises needs for cloud solutions that can be offered to law firms or businesses – and what happened during the pandemic is that many companies made efforts to digitize their space and realized that digitization is no longer a luxury area.

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Practical legal guidance on contracts in cloud business

publication date: February 17, 2023

The article presents practical guidelines and recommendations on selected aspects of cloud services agreements and answers to the very problematic question of how to prepare effective agreement protecting due performance of cloud services.

Main pre-contractual aspects

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Tech debt – legal aspects of cloud technology in digital energy transformation

publication date: February 01, 2023

Data migration to the cloud – remedy for tech debt

Modernization of IT systems is often the result of a new business strategy, high costs of system maintenance and development, low level of security, efficiency, and often determination of technological debt. Determining the amount of technological debt and the risks associated with it are often part of risk management in the company and are included in the Business Continuity Plan. New digital strategies and digital energy transformations require highly scalable IT systems, data security and, accordingly, transfer of data to cloud. An element associated with digital transformation and its important stage is data migration to the cloud which stands for moving applications and data from one location (on-premise) to servers of the public cloud service provider (virtual servers). This is the beginning of digital transformation.

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KIELTYKA GLADKOWSKI TAKES PART in “Future of Electronic Signatures” WEBINAR

publication date: January 13, 2023

On 26 January 2023 KIELTYKA GLADKOWSKI KG LEGAL will take part in the webinar organised by the Lawyer in cooperation with DocuSign devoted to Future of Electronic Signatures.

The webinar will discuss the future of digital transformation and the latest trends and best practices based on existing technology and recommendations for future analysis and reform in respect of electronic signatures. The speakers will analyse best practice guidance on electronic signatures and compliance requirements around electronic and digital signatures as well as manners to digitize contract agreement processes.

The presenters will include:

Matt Byrne, Deputy editor, The Lawyer

Brian Kelly, VP & Deputy General Counsel, DocuSign

Eoin O Reilly, Director of Legal, Product at Monzo Bank,

Pippa Whitmore, Legal Director, Pinsent Masons

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VIRTUAL INFORMATION MEETINGS – TAX OPTIMIZED CROSS-BORDER VC/PE STRUCTURES WITH US INVESTORS IN IT SECTOR

publication date: January 10, 2023

In cooperation with external colleagues specializing in the tax law of UK dependent countries (mainly the Cayman Islands), KIELTYKA GLADKOWSKI has developed favorable structures of business forms that limit the risk of investing private American funds in technology companies from Eastern Europe.

On the one hand, the current investment phenomenon consists in the need to:

1/ reduce the risk of the political situation, which is a solution provided by establishing a company in Poland;

2/ reduce tax costs, which can be achieved by setting up an additional structure, for example in the Cayman Islands (tax and regulatory friendly);

3/ provide for the owners of the companies solutions for tax residency outside of Poland (like, for example, in the Netherlands – in tax friendly jurisdiction).

We have experience in negotiating consultancy agreements between Polish and Ukrainian and US companies.

Our team has available model texts of Articles of Association of Cayman exempt companies.

We also assist in online registration of limited liability companies in Poland.

We have ready-made solutions and a portfolio of American investors, and that is why KIELTYKA GLADKOWSKI reaches out to technological Polish and Ukrainian companies that:

1/ either would like to create a joint venture with an American IT company to develop software for it;

2/ or go abroad with their own technologies or software by co-financing with a private equity fund.

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