Publication date: August 20, 2025

• The essence of the EMIR regulation

EMIR (European Market Infrastructure Regulation (EU) 2017/1899 is a regulation of the Council of the European Union and of the European Parliament on over-the-counter (OTC) derivatives, central counterparties and trade repositories. The regulation aims to increase the safety and stability of financial markets in Europe and prevent financial crises.

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Publication date: August 20, 2025

Dynamic technological advancements have led modern businesses to operate in ways unforeseen decades ago. Computerization, in particular, without which modern business operations are inconceivable, has effectively broadened the horizons of many entrepreneurs, while simultaneously leaving room for abuse by cybercriminals. The protection of data stored on companies’ internal servers has become crucial. It should be noted that despite the efforts of both EU and national authorities, new threats are emerging in the field of personal data protection law, which may lead to violations not only of general provisions on the protection of personal rights but also of many other legal disciplines, such as copyright. The unprecedented mass digitization of artistic works has resulted in the inclusion of records of paintings, photographs, films, music, architectural designs, and many other manifestations of creative activity as data. From this perspective, the phenomenon of data laundering takes on a unique character and carries with it new threats.

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Publication date: August 20, 2025

In an era of dynamic digital technology development and a growing number of cyberthreats, cybersecurity and personal data protection are becoming key aspects of how organizations operate in the European Union. New regulations, such as NIS2, DORA, AI Act, CRA, and eIDAS 2.0, combined with the current GDPR, create a comprehensive security system aimed at raising protection standards and ensuring greater transparency in data processing.

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Publication date: August 11, 2025

VAT crimes

The term “carousel fraud” refers to a characteristic scheme in which goods, after passing through a series of related entities, ultimately end up back at the original supplier. This mechanism allows perpetrators to conceal the actual transaction and generate undue tax benefits, most often by fraudulently obtaining VAT refunds or avoiding their payment. A key feature of VAT is its neutrality, so it should not impose an additional burden on taxpayers who do not consume the purchased goods or services but use them for business purposes. However, the structure of this tax makes it particularly vulnerable to abuse. In accordance with the principle of the free movement of goods, the supply of goods between European Union (EU) countries is subject to a 0% VAT rate. VAT carousels involve the use of complex transaction mechanisms embedded in the value added tax structure to avoid paying output tax or to unlawfully obtain a refund. These activities take the form of fictitious economic transactions, which involve the apparent movement of goods between entities located in different Member States. This can be very high, especially with relatively small financial outlays by the fraudsters, as the fraud involves goods that are repeatedly exported and returned to Poland.

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What is a family foundation?

A family foundation is a legal structure that builds an organizational structure aimed at securing family assets. It acts as a kind of treasure trove for the founder, protecting his family and business from accidents. Such foundations are popular in other countries such as Austria, Liechtenstein, Germany and Switzerland. A family foundation operates on the basis of a statute (and any regulations), with the founder having a great deal of freedom in determining the principles of its operation. Thanks to the flexibility in shaping the foundation structure and favorable taxation rules (the effective rate is about 13%), it is a tool ideally suited to the expectations of entrepreneurs who have long advocated for the introduction of such a solution in the Polish legal system. The interested party (the founder) is able to draw up a will as well as to establish a family foundation during their lifetime, which will manage their assets.

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