New guidelines to the e-Privacy Directive

Publication date: December 6, 2023

What is e-Privacy Directive?

The Directive, commonly known as e-Privacy, refers to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). It is a European legal act with a broad scope of privacy issues. Its purpose is to ensure the protection of data originating from electronic communications and the privacy of users, in other words, of terminal equipment (computers, telephones, tablets). According to Article 1 of the e-Privacy Directive „This Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community”. In addition, according to Article 3 of the e-Privacy Directive, „This Directive shall apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Community, including public communications networks supporting data collection and identification devices”.


New rules for e-delivery – Polish and EU provisions

Publication date: November 30, 2023

e-Delivery – the most important information

e-Delivery is the electronic equivalent of a registered letter with acknowledgment of receipt. Thanks to this service, public entities, citizens, companies and public trust professions can benefit from convenient and safe electronic deliveries. They are legally equivalent to traditional registered mail with acknowledgment of receipt. The Polish Act on Electronic Deliveries (Act of November 18, 2020 on Electronic Deliveries (consolidated text: Journal of Laws of 2023, item 285, as amended)) provides for the introduction of a completely new system of contact between offices and their clients, as well as the possibility of exchanging electronic correspondence between private entities. E-Delivery is intended to eliminate the circulation of paper correspondence from the market, i.e. replace the current registered mail with return receipt or personal delivery. Instead, public authorities will contact entrepreneurs electronically, and when cannot be used, they will use a public hybrid service, i.e. sending paper letters using automatic letter printing and packaging systems by Poczta Polska (Polish Post). As a consequence, the exchange of correspondence as part of the new services will allow official matters to be handled electronically, in a way that ensures effectiveness, mutual identification, shortened implementation time, as well as communication security. At the same time, traditional delivery by registered mail will be eliminated by modern delivery methods.


The new Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence issued in U.S. as a benchmark to future European AI Act?

Publication date: November 30, 2023

Cybersecurity aspects in the new Executive Order about AI

The race between US and UE

On 30 October 2023, the President of the United States issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Executive Order establishes new standards for Artificial Intelligence safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more. The Executive Order builds on previous actions the President has taken, including work that led to voluntary commitments from 15 leading companies to drive safe, secure, and trustworthy development of AI.


Dark patterns – deceptive interfaces in e-shops against the background of European regulations and an example of a recent penalty imposed by the Office of Competition and Consumer Protection

Recent Penalty imposed for applying dark patterns

Publication date: November 29, 2023

At the beginning of October 2023 a fine of almost PLN 5.2 million was imposed by the Polish Office of Competition and Consumer Protection on the Scandinavian distributor of supplements and PLN 110,000 on its president of the management board for using dark patterns in e-commerce.

The regulator found seven such practices in the activities of the company selling dietary supplements. The regulator assessed that consumers could be misled by the first contact with the company’s offer, boasting “over a million satisfied customers” of a given product, while this information concerned the total number of the entrepreneur’s customers. Some marketing materials also referred to alleged recommendations of the European Food Safety Authority. Above all, the manipulation of the fined company consisted in offering a free sample of a dietary supplement. When the consumer clicked to confirm his willingness to receive it, a new window opened – with a message similar to the previous one in terms of graphic form and content, but it did not concern a free sample, but an annual paid supply of a given product along with a subscription.


Use of blockchain in business: cryptocurrencies

Publication date: November 20, 2023

Explanation and blockchain in cryptocurrencies

Being one of the most popular topics of the last years in technology, blockchain offers great perspectives but still remains often seen as vague, complicated matter. Not going into details, it can be surely stated that it is not as complicated as it may seem, both in understanding and especially in application. In a nutshell, blockchain is a technology which secures sharing of information, storing data in a digital database on a distributed ledger of blocks. It allows mostly to record transactions or track assets of various kinds. Importantly, it runs completely online but is properly secured: all information stored is cryptographically coded and to access specific data you need to use your own, private key which is authenticated by network.

That being said, the most important application for blockchain is now cryptocurrency, the most known being bitcoin. The very existence and operation of crypto depend on the blockchain technology. Nowadays, it is not just growing popularity of fashionable crypto assets but an actual growth in the use of this technology in business. In 2022, there were estimated 2,353 businesses in the US accepting bitcoin and the number is believed to grow. Cryptocurrencies are being used by different brands, for different purposes: from purchasing tickets or non-fungible tokens to even buying real estate. The scope of possibilities may be not unlimited but certainly is bound to be increasingly broader.