Polish Act on the national cyber security system

Adopted by the Polish Parliament on 5 July 2018, the Polish Act on the national cyber security system (Journal of Laws 2018, item 1560) came into force on 28 August this year. The purpose of the Act is to introduce a system enabling detection, prevention and minimisation of the effects of attacks violating the cyber security of the Republic of Poland. Moreover, the act and the regulations surrounding it implement the so-called NIS Directive (Network and Information Security directive) into the Polish legal system, which obliged the EU Member States to adopt a strategy for the security of networks and information and communication systems. In Poland, the National Cyber Security System will be created, which will include the largest entrepreneurs from the selected areas of the economy called key services (banks, energy sector, air and rail carriers, hospitals), digital service providers (DSP), key service providers (KSP) and selected governmental and local government administration units called competent authorities. Computer Security Incident Response Teams (CSIRTs) will be established, to which key service providers and other actors in the national cyber security system will be required to provide information on serious cyber security incidents. The role of CSIRT has been adopted by the Internal Security Agency (CSIRT GOV), the Scientific and Academic Computer Network – National Research Institute (CSIRT NASK) and the Ministry of National Defence (CSIRT MON). In the justification of the draft of this act, the arguments were raised, among others, that the constant and growing influence of information technologies on social and economic development makes the offered services more and more dependent on an effective system ensuring cyber security.


KG Legal Law firm awarded with The Corporate Excellence Award 2018

We are proud to notify that KG Legal Law firm has been given the title of Cross Border Transactions Law Firm of the Year 2018 – Poland.

The Corporate Excellence Awards 2018 are handpicked by CV Magazine and are based purely on the comprehensive analysis of both qualitative and quantitative research undertaken by the wider group, which provides the chance to promote talent on a truly global platform. This proven approach ensures that the award is based on merit, not popularity and recognises the very best in business; from a single office firm to an international conglomerate. The Corporate Excellence Awards are awarded to those businesses that are succeeding in their endeavours, innovating, growing and improving.


KG Legal publishes its presentation on the website of the Key Polish Life Science Cluster (Hub)

Publication „Civil law liability of software product using biometrics” has been presented on the website of Life Science Open Space project – the biggest business event that takes place annually at International Congress Centre in Cracow.



Favorable tax changes in crypto currency in Poland

Pursuant to the new regulation issued by the Polish Minister of Finance on July 11, 2018 regarding the cessation of collection of tax on civil law transactions from a sale or exchange of a virtual currency, published on the basis of art. 22 § 1 point 1 of the Tax Code – according to which: “the minister competent for public finance may, by regulation, in cases justified by public interest or important interest of taxpayers: stop all or part of the collection of taxes”, there was introduced the cessation of the collection of tax on civil law transactions from taxpayers who purchase virtual currency referred to in Art. 2 para. 2 point 26 of the Act on Counteracting Money Laundering and Terrorism Financing. These are beneficial changes for those who trade in crypto currency. According to the information obtained from the Polish Ministry of Finance, the new regulation is a response to the controversy regarding the interpretation line in respect of civil law transactions tax on the sale and exchange of cryptocurrencies. According to the regulation of 11 July 2018, the civil law transactions tax will not be charged for almost a year. The exemption is, however, only temporary. According to the announcements of the Ministry of Finance, the work is still underway as regards the complex solutions that will normalize the entire cryptocurrency market also in the tax context. The new regulation is a step towards the standardization of the legal and tax situation of the cryptocurrencies market in Poland, but at the same time, it may put in a disadvantageous situation those taxpayers who carried out the transactions of sale and exchange of cryptocurrencies before the entry into force of the new regulation. The regulation came into force on July 13, 2018.


The EU and Japan sign an Economic Partnership Agreement and a Strategic Partnership Agreement (17 July 2018)

On July 17, 2018 there will take place the summit between Japan and the EU. The main idea of the meeting is to confirm the support for the international order based on law as well as the agreement on free trade. There will be signed economic partnership agreements as well as a strategic partnership agreement. At present, the EU companies have to pay a number of duties amounting up to EUR 1 billion a year, which will be lifted after the agreements are signed. Also numerous legal regulations complicating trade exchange will be removed. The concluded contracts are very ambitious and comprehensive. They will create new opportunities for agricultural exports from the EU. They will also allow the development of intellectual property rights relating to exported goods, protecting goods on Japanese markets. They comply with the strict requirements set by labour law and the security of personal data. Trade negotiations with Japan have been ongoing since March 2013. At the summit on 6 July 2017, both parties reached a major agreement on the most important elements of the free trade agreement, known as the Economic Partnership Agreement. Negotiations on all other aspects were completed in December 2017. Negotiations with regard to investment protection standards and dispute settlement regarding investment protection will continue to be conducted with Japan. Both parties are determined to negotiate investment protection as soon as possible to conclude an agreement. Additionally, the Strategic Partnership Agreement will strengthen cooperation in the field of international peace and security, cybercrime, energy security, and mitigation of climate change.