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KIELTYKA GLADKOWSKI KG LEGAL PARTICIPATED IN MATERIAL ENGINEERING MEETING IN LIFE SCIENCE CLUSTER

On 5 May 2022 KIELTYKA GLADKOWSKI KG LEGAL participated in the meeting organized by Life Science Cluster on material engineering.

The main speakers were the representatives of the Institute of Metallurgy and Materials Science of the Polish Academy of Sciences in Krakow.

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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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INNOVATIVE CAR-T THERAPY REFUNDED IN POLAND FROM MAY 1, 2022 FOR ADULT PATIENTS WITH LYMPHOMA

From May 1, 2022 in Poland adult patients with relapsed or refractory diffuse large B-cell lymphoma (DLBCL) after at least two lines of systemic treatment will receive funding for the novel CAR-T (tisagenlecleucel) therapy.

CAR-T is a breakthrough in the treatment of hematology patients. The mechanism of action of this therapy is completely different from the drugs used so far. Individualized CAR-T therapy uses the patient’s immune system. The patient’s T lymphocytes are collected and modified outside the body, thanks to which they are able to recognize cancer cells expressing a specific antigen and fight them.

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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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