On 30th March 2021 Polish parliament passed law amending the Act on counteracting money laundering and terrorist financing which was in fact an implementation of the European Parliament and the European Council Directive amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU – UE 2018/843 [1] The amended Act should harmonize Polish regulations to the EU’s standards and the new Act is intended to replace the previous one dating 2000.
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In the previous article we wrote about EU 5th AML Directive (2018/843). [1] Currently, after 6 months of passing the 5th AML Directive, the new 6th AML Directive was prepared and passed by the European Parliament and European Council. The new directive (EU 2018/1673) was passed on 23 October 2018 and came into legal effect on the twentieth day following that of its publication in the official journal of the European Union. In respect of the Directive provisions the Member States shall implement the 6AMLD by 3 December 2020 and immediately inform the Commission thereof.
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It is unclear whether
the instrumental and intentional presentation of products with the help of influencers,
i.e. people active on the Internet, is a classic breach of competition law and
the ban on standard advertising. An Influencer in the world of social media is
an influential person who can influence their audience through their reach. These
types of people are sometimes used in marketing campaigns because they can
skilfully influence the behaviour of the audience. However, is this type of
sponsored content properly labeled and is it likely to mislead consumers? The Polish President
of the Office of Competition and Consumer Protection (UOKiK) has recently launched
an investigation aimed at developing guidelines for people who earn money by
promoting products online.
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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:
- The
creation and issuing to qualified trust service providers the certificates for
the verification of qualified electronic signatures and electronic seals;
- The
publication of the certificates;
- The
publication of revoked certificates lists.
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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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