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Wind Energy In Poland. Polish Government liberalizes energy law

Current regulation:

Since 2016, wind power development has virtually stopped in Poland. The number of new power plants has declined almost to zero. This has happened due to the Wind Power Investment Act. According to Article 4 of this act, the distance at which a wind power plant and a residential building may be located and constructed is equal to or greater than ten times the height of the wind power plant measured from ground level to the highest point of the structure, including the technical elements, in particular the rotor with its blades. The above is the so-called 10 H rule.[1]

Such a restrictive regulation has significantly limited the areas where wind power plants can be located, virtually stopping the development of this branch of energy on land. The investments realized since then have almost exclusively been the completion of projects started before the regulation came into force.  [2]

Liberalization:

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PENALTY IMPOSED BY THE POLISH OFFICE OF COMPETITION AND CONSUMER PROTECTION

The Polish President of the Office of Competition and Consumer Protection recognized practices of a Lithuanian company VINTED UAB based in Vilnius (the owner of Vinted platform) as a violation of collective consumer interests and imposed on the company a penalty of over 5,3 million PLN.

Vinted is a service that has gained huge popularity in Eastern and Central Europe over the last few years in conjunction with rising awareness of conscious fashion.

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Counter drone technologies and legal aspects

Drones – how dangerous can they be?

The dangers of drones are no longer just a question of military use. The ease of acquiring and controlling drones as well as the possibility to test invented tasks in advance means that small flying devices are already used not only by the military. Currently, they are becoming more and more popular in various criminal groups.

Scenarios of terrorist attacks using civilian drones are not only analyzed by the services of individual countries, but also physically tested. Also, many institutions in the USA responsible for national security pay attention to new threats related to the use of drones.

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Inspections launched by the Polish Data Protection Authority

Polish data protection authority announced the launch of inspections regarding compliance with regulations concerning data protection officers and published questions to be asked by the Polish authority in the course of such inspections.

From the beginning of the application of the provisions of the GDPR, the Polish Office for Personal Data Protection, both as part of the ongoing proceedings and in response to reported cases of non-compliance with the provisions on data protection officers, took actions resulting from its powers, specified in art. 58 of GDPR. The previous experience of the supervisory authority in this area has been used to formulate a list of issues which – together with the presentation of relevant evidence – will have to be addressed by the requested controllers and processors.

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PROPOSALS FOR AMENDMENTS TO THE DRAFT REGULATION ON INFORMATION ACCOMPANYING TRANSFERS OF FUNDS AND CERTAIN CRYPTO-ASSETS (RECAST)  — WHAT IT CAN MEAN FOR CRYPTO ASSETS INDUSTRY

On 1 April 2022, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report setting out its proposed amendments to the draft regulation on information accompanying transfers of funds and certain crypto-assets (recast).

The draft report puts forward the following key proposals:

1. No exemptions based on the value of the transfer:

With respect to wire transfers, the Transfer of Funds Regulation requires a payment service provider to ensure that transfers of funds are accompanied by complete information on the originator and the beneficiary and to verify the information on their customer only if the transfers of funds exceeds EUR 1000, individually or as part of small linked transfers which together would exceed EUR 1000, except where the funds to be transferred are received in cash or anonymous electronic money or there are reasonable grounds for suspecting money laundering or terrorist financing. Due to the specific characteristics and risk profile of crypto-assets, the information obligation should apply to crypto-assets transfers, regardless of the value of the transfer. There are clear indications that crypto-asset activities associated with criminal activities and terrorism financing are often transfers of small value. Furthermore, crypto-assets and related technologies enable criminals to split high value transfers into small amounts across multiple wallet addresses in order to avoid detection of AML/CFT monitoring systems and to carry out illicit activities via structured transactions to a scale and global reach not available to wire transfers. In the view of the co-rapporteurs, the removal of a de minimis threshold for crypto-asset transfers would facilitate, rather than complicate, compliance and risk management by cryptoasset service providers. This is particularly relevant in light of the difficulty to identify linked transfers executed via multiple apparently unrelated wallet addresses as well as the high volatility of the valuation of most crypto-assets.

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