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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On 11th August 2021 Poland’s lower house of parliament passed an Amendment Act to the Act of 29 December 1992 on broadcasting (radio and television)[1]. This draft law aroused vast controversies and interest both among the Polish and international society. The draft law has been submitted to the Sejm (lower house of the Polish parliament) at the beginning of July 2021 and after one month the Amendment Act was passed by the Sejm and has been conveyed to the Senate (the higher house of Polish parliament) and President. Thus, the Sejm enactment was only the first instance of the legislative process, now the Senate will get on the Act.
To see the legislation path in Sejm: https://www.sejm.gov.pl/sejm9.nsf/PrzebiegProc.xsp?nr=1389
Before
we move to the Amendment Act itself, at first we will begin by outlining the
general legal frames of the Broadcasting Act.
MEDIA
LAW – POLISH REGULATIONS
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On 11 August 2021 the Polish Act of Administrative Procedure Code Amendment was passed by the Polish lower house of the Parliament after the Senate’s adjustment consideration. On 14 August 2021 the Amendment Act was signed by the Polish president and on 16 August 2021 was published in the Polish Official Journal of Laws. As we can read on the official websites and from the official Ministry of Justice statement (from the ministerial conference):
The amendment to the Polish Administrative Procedure Code protects the interests of thousands of Polish citizens who are uncertain about the fate of properties important to them. The provisions passed by the Sejm dismiss the spectre of never-ending claims against the State Treasury. [1]
This statement should be read in the context of the real estate’s reprivatization socio-legal problem, to which politicians have mainly referred. [2]
It
is worth to notice that this amendment implemented Constitutional Tribunal
judgement of 2015 (P 46/13) on the inconsistency with the Polish Constitution of
previous procedural articles and there are a lot of critical voices about
recent amendment, for instance here:
https://www.prawo.pl/samorzad/niewaznosc-decyzji-administracyjnych-niebezpieczna-nowelizacja,510006.html
To see the Constitutional Tribunal judgement: https://sip.lex.pl/#/jurisprudence/521776428.
THE
AMENDMENT ACT PROVISIONS
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