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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.

More: http://lifescienceopenspace.pl/demo/odpowiedzialnosc-cywilnoprawna-tytulu-produktu-niebezpiecznego-software-wykorzystujacego-biometrie/

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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.

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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.

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Civil liability of software using biometrics on the grounds of Polish jurisdiction

  1. Introduction

We live in a smartphone era, almost every of the latest smartphone model includes a fingerprint reader. Some models feature facial recognition systems (such as the latest Apple iPhone 8 smartphone, that will use such system) or iris scan (for instance Samsung Galaxy S8 has that system incorporated). As you can see, the use of biometric security in the smartphone market has become a common practice. Earlier, before smartphone manufacturers began using biometrics, it was “present” at airports, state borders, or in security systems. It is already a noticeable part of our everyday life, which makes it clear that in the future biometric security will be an important part of our daily lives. The use of biometrics in computer science opens up a new sphere in the use of sensitive personal data. What is biometry? What are its types? What about the data that it holds? Who is responsible for possible system failures? Finally, what legal regulations can apply to it?

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INFORMATION ON THE SUBMISSION OF FINANCIAL REPORTS IN POLAND – NEW RULES (SINCE MARCH 2018)

Legal basis: Legal Act of 26/01/2018 about the amendment to the Act on the National Court Register and some other acts (Journal of Laws 2018, item 398).

From 15th March 2018 the submissions of financial statement documents are possible only in electronic form, and the mode of submitting these documents differs depending on whether the persons authorized to represent the entity are natural persons with the affixed PESEL numbers (Polish Personal Identity Numbers).

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