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Transfer of personal data to the UK

The withdrawal of the United Kingdom from the European Union had an impact on the rules on the flow of personal data. From that point on, the UK became a third country as defined in the GDPR, the consequence of which – among other things – was intended to limit the free flow of personal data to and from the EU. However, this has not happened. Initially, on December 24, 2020, UK and EU representatives signed a Trade and Cooperation Agreement (TCA) that allowed the free transfer of personal data from the UK to the EU 6 months longer.

New decisions of the European Commission

This year the European Commission has adopted two implementing decisions finding an adequate level of protection for personal data in the UK: implementing decision dated 28.06.2021 in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by the United Kingdom and implementing decision of 28.06.2021 in accordance with Directive 2016/680 of the European Parliament and of the Council on the adequate protection of personal data by the United Kingdom.

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BLOCKCHAIN IN BUSINESS NETWORKS – TYPES AND DESCRIPTION

KIELTYKA GLADKOWSKI KG LEGAL constantly supervises and prepares its lawyers for the specialization in which they provide services for foreign clients. In order to systematize the conceptual grid of very specialized fields of IT, fintech, blockchain, KIELTYKA GLADKOWSKI conducts internal consultations to improve the experience of our lawyers specializing in legal assistance for foreign clients from the IT and TECH sector. As a result of such internal research, KIELTYKA GLADKOWSKI creates and publishes texts on topics related to modern legal problems, but also to explain the basic concepts of specialized technology and IT fields. In this way, KIELTYKA GLADKOWSKI aims to demonstrate to potential clients within specialized industries that our lawyers are also familiar with specialist terms necessary for a proper understanding of our foreign client’s business and legal needs, especially in relation to clients operating in all sectors of production with the use of blockchains as well as supply chains using blockchains.

This is one of those texts. We invite you to read it.

BLOCKCHAIN TECHNOLOGY APP IN FINTECH AND FOOD SUPPLY CHAIN IN THE TIMES OF GLOBALISATION

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Amendments to the AML Act – changes in the Polish virtual currency market

AML stands for anti-money laundering, and its main task is to protect the financial system from being used for criminal purposes. Currently, the virtual currency market is one of the fastest growing in the world. Unfortunately, they are often used for illegal purposes. To prevent this, on May 15, 2021 an amendment to the AML Act entered into force.

Act of March 1, 2018 on counteracting money laundering and financing of terrorism – Polish regulations

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THE ISSUANCE OF QUALIFIED CERTIFICATE AND PROVISION OF TRUST SERVICES FOR FOREIGNERS IN POLAND

POLISH NATIONAL CERTIFICATION CENTRE

The Polish National Certification Centre is an organisation which runs a list of trust services providers and qualified electronic signatures accepted in Poland. The legal frames of this institution functioning is provided by the Act of 5 September 2016 on Trust Services and Electronic Identification.

In the article 2 of this Act we can read that:

Art. 2. [Tasks of the minister]

The Polish minister responsible for the informatization ensures the functioning of the national trust infrastructure, which includes:

1) a register of trust service providers, hereinafter referred to as the “register”;

2) trusted list;

3) a national certification center.[1]

The Polish National Certification Centre tasks are included in Article 10 and this article is crucial for the trust services providers, because the National Certification Centre tasks include:

  1. The creation and issuing to qualified trust service providers the certificates for the verification of qualified electronic signatures and electronic seals;
  2. The publication of the certificates;
  3. The publication of revoked certificates lists.

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POLISH REGULATIONS ON E-CERTIFICATE

European Union legislator, considering the previous Member States’ experiences, modified the professionalization of electronic communication idea and passed the new law – REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC [1], so-called eIDAS Regulation.

The aim of this Regulation was to increase confidence in the electronic trade market area in extent of e-business and contact with public entities by the introduction of the unified IT solutions legal frames for the entire European Union. These legal frames provide a reliable determination of the natural persons’ and organizational units’ identity.

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