On January 15, 2024, there will be held the event KRAKÓW: City – space for business. Synergy for the reconstruction of Ukraine. The event is organized by the Polis-Ukrainian Chamber of Commerce within the framework of the social campaign “Partnership and Employment” and the project “Work for Reconstruction of Entrepreneurship in Ukraine.” The event will provide a unique platform for diverse professionals, thought leaders, and stakeholders to come together and discuss critical issues surrounding urban development, business opportunities, and collaborative efforts for the reconstruction of Ukraine. The conference will cover a wide range of topics such as urban planning, sustainable development, and the role of businesses in contributing to the reconstruction efforts in Ukraine. Renowned experts and speakers will share valuable insights, best practices, and innovative ideas, fostering a rich exchange of knowledge and experience. Participation in the Conference will be an enriching experience. The insights we will gain and connections made will undoubtedly contribute to our professional growth. The event will be participated by Weronika Mazurek on behalf of KIELTYKA GLADKOWSKI KG LEGAL.

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Artykuł <strong>KIELTYKA GLADKOWSKI KG LEGAL TAKES PART IN THE EVENT “KRAKÓW: City – space for business. Synergy for the reconstruction of Ukraine”, January 15, 2024</strong> pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

The Wall Street Journal recently described quirks in the U.S. Tax Treaty with Malta that became a popular topic in the legal advice sector.[1] In the said article, WSJ describes an offshore tax shelter (a tax regulation in Malta) which promises rich Americans they can avoid lots of capital-gains taxes by setting up pensions in Malta. This issue is not only American struggle with tax abuse. For instance, Poland has also signed an international tax treaty with Malta (Agreement between the Government of the Republic of Poland and the Government of Malta for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed in La Valetta on 7 January 1994)[2] and in 2020 the Treaty was amended due to the necessity of closing loopholes in the international (bilateral) tax system[3]. Moreover as a restoration of the Polish industry after COVID-19 pandemic, the Polish Government and the Ministry of Finance prepared the new Tax Act which shall prevent the change of the entity’s tax residence to the offshore tax shelter [4].

Before we move to the tax abuse based on the U.S. bilateral tax treaty with Malta it is advisable to start with Treaty’s provisions treatment.

U.S. – MALTA TAX TREATY

The Treaty was done in 8 August 2008 and came into force in late 2010. As Jeffrey L. Rubinger wrote The Treaty contains very favorable provisions that can result in significant tax benefits to U.S. members of a Maltese pension. In order for such U.S. members to take advantage of these benefits, the pension must qualify as a resident of Malta under the Treaty and also satisfy the limitation on benefits (LOB) article of the Treaty. [5] In his article Rubinger enumerates the Treaty’s provisions that could become a victim of the interpretation tax abuse.

Article 4

RESIDENT

Section 2 The term “resident of a Contracting State” includes:

1. A pension fund established in that State; and
2. An organization that is established and maintained in that State exclusively for religious, charitable, scientific, artistic, cultural, or educational purposes. [6]

Notwithstanding that all or part of its income or gains may be exempt from tax under the domestic law of that State. In Rubinger’s opinion, a pension fund established both in the U.S. and Malta is a resident for the purpose of the Treaty, despite that all or part of the income or gains of such a pension may be exempt from tax under the domestic law of the relevant country.[7]

Article 22(2)

e) a pension fund, provided that more than 75 percent of the beneficiaries, members or participants of the pension fund are individuals who are residents of either Contracting State; (…)

Rubinger summarizes this provision in the following way: Thus, as long as a Maltese pension is formed pursuant to relevant Maltese law and more than 75% of its members are U.S. and/or Maltese residents, the pension plan should be eligible for Treaty benefits. [8]

Other crucial provisions are:

Article 18

PENSIONS FUNDS

Where an individual who is a resident of one of the States is a member or beneficiary of, or participant in, a pension fund that is a resident of the other State, income earned by the pension fund may be taxed as income of that individual only when, and, subject to the provisions of paragraph 1 of article 17, to the extent that, it is paid to, or for the benefit of, that individual from the pension fund (and not transferred to another pension fund in that other State). [9]

Article 17(1)(b)

PENSIONS, SOCIAL SECURITY, ANNUITIES, ALIMONY, AND CHILD SUPPPORT

Notwithstanding subparagraph a), the amount of any such pension or remuneration arising in a Contracting State that, when received, would be exempt from taxation in that State if the beneficial owner were a resident thereof shall be exempt from taxation in the Contracting State of which the beneficial owner is a resident. [10]

Taking into account the above, the following opportunity is emerging: if some highly-appreciated U.S. citizen (who has real estates, crypto- currency assets, shares, etc.) wishes to avoid the American tax system and high tax rates, he or she could decide to contribute these assets to a Maltese pensions fund. That American citizen is well-off thus the legal conditions are fulfilled. After that he/ she can sell the real estate and shares and have a pension fund (assuming that this person is at least 50 years old). Considering Maltese law regime, money from that fund can be distributed within 1 year (I stage), 4 years (II stage) and every next year (III stage) with a low tax burden (fiscal charge).

To read about and analyse the entire practical example with details and general conclusions, visit: https://www.jdsupra.com/legalnews/the-malta-pension-plan-a-supercharged-74273/

POLISH LEGAL FRAMEWORK PERSPECTIVE

As mentioned above, Poland also signed such tax Treaty with Malta government that shall prevent Polish tax system from the activities similar to Malta Pension Plan.

To read this Treaty: (link)

In this Act in its article 23 there is a provision on avoidance of double taxation and in article 24 – equal treatment provision that should provide no-loopholes in the bilateral tax legal system. Additionally, since 1^st January 2020 the Multilateral Convention implementing Measures of Treaty Tax Law to Prevent Tax Base Erosion and Profit Shifting, done at Paris on 24 November 2016 shall apply to this Treaty.

But the tax abuse danger comes from one more side – from the Controlled Foreign Corporation (CFC) which is a corporate entity that is registered and conducted in a different jurisdiction or country than the residency of the controlling owners. Control of the foreign company is defined according to the percentage of shares owned by citizens. The CFC legal regulations are intended to combating harmful tax competition on the part of certain countries (so-called offshore tax shelters), by preventing tax avoidance through the mechanism of shifting income to countries with preferential tax regimes. This assumption is implemented through taxation in Poland, as income attributed to a Polish entity, of income determined in relation to profits earned of a CFC, being a tax resident of another country, in which more favourable tax solutions are in force. [11]

These tax provisions are included in the:

• Act of 26 July 1991 on Personal Income Tax [12];
• Act of 15 February on Corporate Income Tax [13].

To read about these provisions and closing loopholes in the tax system, see:

https://www.rp.pl/Podatek-dochodowy/307119991-Zagraniczna-spolka-kontrolowana-jak-rozliczac-zyski-w-zagranicznej-spolce.html

https://www.rp.pl/Podatek-dochodowy/301099991-Opodatkowanie-dochodow-uzyskiwanych-przez-polskich-podatnikow-za-posrednictwem-zagranicznych-spolek-kontrolowanych.html

[1] https://www.wsj.com/articles/taxes-malta-pension-plan-11629418826, (access date: 23^rd August 2021). 

[2] http://www.przepisy.gofin.pl/przepisy,4,15,101,140,,,umowa-miedzy-rzadem-rzeczypospolitej-polskiej-a-rzadem-malty.html, (access date: 23^rd August 2021). 

[3] To read about this amendment: https://podatki.gazetaprawna.pl/artykuly/1497869,polska-i-malta-poprawiaja-umowe-podatkowa.html, (access date: 23^rd August 2021). 

[4] To read about this concept: https://www.money.pl/gospodarka/koniec-rajow-podatkowych-przedsiebiorcy-ktorzy-chca-wyniesc-sie-za-granice-beda-bardziej-kontrolowani-6661193624083072a.html, (data access: 23^rd August, 2021). 

[5] https://www.jdsupra.com/legalnews/the-malta-pension-plan-a-supercharged-74273/, (access date: 23^rd August 2021).

[6] https://www.foreign.senate.gov/imo/media/doc/treaty111-1.pdf, (access date: 23^rd August, 2021). 

[7] https://www.jdsupra.com/legalnews/the-malta-pension-plan-a-supercharged-74273/, (access date: 23^rd August 2021).

[8] https://www.foreign.senate.gov/imo/media/doc/treaty111-1.pdf, (access date: 23^rd August, 2021).

[9] https://www.foreign.senate.gov/imo/media/doc/treaty111-1.pdf, (access date: 23^rd August, 2021).

[10] https://www.foreign.senate.gov/imo/media/doc/treaty111-1.pdf, (access date: 23^rd August, 2021).

[11] https://www.rp.pl/Podatek-dochodowy/307119991-Zagraniczna-spolka-kontrolowana-jak-rozliczac-zyski-w-zagranicznej-spolce.html, (access date: 23^rd August 2021). 

[12] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19910800350, (access date; 23^rd August, 2021). 

[13] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19920210086 , (access date: 23^rd August, 2021). 

Artykuł An offshore tax shelter in the European Union on the example of “Malta pensions plan” featured by Wall Street Journal pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

On 7 September 2021 KIELTYKA GLADKOWSKI will take part in the Webinar Analysing the Role of Telemedicine in Post-Pandemic Care organised by Reuters Events in conjunction with the Digital Health division of the World Health Organisation which provides opportunities to accelerate progress in attaining health and well-being related Sustainable Development Goal (SDGs), especially SDG 3, and achieving triple billion targets for 2023 as articulated in its Thirteenth General Programme of Work (GPW13).

The webinar will focus on the growing importance of remote telemedicine, its aspects and opportunities. The speakers will include:

– Peter Thomas, CCIO and Director of Digital Medicine at Moorfields Eye Hospital

– Toralf Schnell, Chief Digital Officer and Head of the Digitization Unit at University Medicine Greifswald

– Dr. Evgeny Zheleznyakov, Technical Officer, WHO European Centre for Primary Health Care.

Telemedicine and digital health remains in the core specialisation of lifescience and healthcare expertise of KIELTYKA GLADKOWSKI, having vast experience in handling projects at the intersection of new technologies and healthcare, including data protection, regulatory and transactional aspects.

Artykuł KIELTYKA GLADKOWSKI TAKES PART IN THE WEBINAR DEVOTED TO THE ROLE OF TELEMEDICINE IN POST-PANDEMIC CARE pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

On 2 to 4 November 2021 KIELTYKA GLADKOWSKI KG LEGAL will take part in the virtual SPG 2021 Forum organised by R3 (Association of Business Recovery Professionals) SPG Forum (link) is a conference for trustees, restructuring experts and their employees.

During this 3-day event, our lawyers will have the opportunity to discuss the practical issues, participate in workshops and network with peers.

Some of the topics discussed will be the current regulatory framework for insolvency practitioners, key legal changes affecting the insolvency and restructuring of people and companies, and the exclusion of directors, the FCA’s guidelines for managers appointed or intended to be appointed by regulated firms; panel sessions with representatives of the financial industry discussing their experiences with the pandemic, recovery and new market trends; workshops, during which it will be possible to look at issues related to the insolvency of a real estate enterprise; workshop sessions during which the investigation and prosecution of claims in insolvent real estate will be discussed in-depth; interactive workshops, entirely devoted to the possibilities of the hotel business dealing with the challenges of the pandemic.

Some of the speakers will include:

1. Antoniya Mercer, Associate, TLT LLP
2. Caroline Sumner, CEO, R3
3. James Jeffreys, Head of Press, Policy and Public Affairs, R3
4. James Fagan, Radcliffe Chambers
5. Lauren Kreamer, Radcliffe Chambers
6. Craig Dickson, CT Inspector, Technical and Specialist Team, HMRC
7. Chris Herron, Partner, Herron Fisher
8. Simeon Gilchrist, Partner, Edwin Coe LLP
9. Jane Moore, Head of the Resolution Department, Financial Conduct Authority
10. Dan Burton, Executive Director, Cynergy Bank
11. Tom Weedall, Co-founder & Managing Director, Blazehill Capital
12. Miles Hacking, Managing Associate, Freeths
13. Chris Herron, Partner, Herron Fisher
14. James Hopkirk, Director of Restructuring, Kreston Reeves
15. Philippa Lai, Associate, JMW Solicitors LLP
16. Aileen McErlean, Hardwicke Chambers
17. Neil Stewart, Associate Director, Manolete Partner plc
18. James Pickering, Enterprise Chambers
19. Nicola Clark, Azets
20. Antoniya Mercer, Associate, TLT LLP
21. Phil Moran, TLT LLP
22. Brad Pomfret, Barrister, 23 Essex

The topics discussed during the conference are in the core of restructuring and insolvency specialisation of KIELTYKA GLADKOWSKI law firm, particularly from the perspective of business reconstruction and cross border insolvency procedures in cases when assets of the bankrupt are located in a number of countries.

Artykuł KIELTYKA GLADKOWSKI KG LEGAL TAKES PART IN R3 SPG Forum 2021 pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

Identification of the hacking problem

Based on the US Cybersecurity Trends Report (link to an online source at the end of the article), the hacking phenomenon records an increase in cyber-attacks in 2019 and 2020. From the legal perspective, what is particularly interesting is a significant increase in the recorded data loss events as a result of hacking activities in relation to the number of cases in individual years in the 2015-2020 prediction. One of the studies in the indicated report shows two specific moments over the years. The first one took place in 2016-2017, where we see an increase in hacker attacks by nearly 2,000 violations, but this is not related to a proportional increase in lost data, which differs from those from 2016 by about 1.5 million. In 2017, there was a slight increase in infringements, but more importantly, less data was lost. The second of these important moments indicated by the experts took place in 2018-2019, when there was a drastic increase in lost data with a slight increase in violations compared to 2018. We are seeing a drastic decrease in the number of breaches with a simultaneous huge increase in lost data.

From the analysis of the report, a surprising conclusion can be drawn that currently data breaches by hackers are less and less frequent compared to previous years, but much more effective.

The report also shows annual global cybersecurity transactions and equity financing in 2016-2021. In this respect there can be observed the huge projected increase in cash outlays for the cybersecurity target compared to 2020. The projected increase is over $ 10 billion. Despite the increase in spending, there has been a decline in the number of cybersecurity contracts.

The report presents the share of global cybersecurity transactions in 2020 by country. The first thing that throws up is that the US has over a half of shares in global market and is thus becoming a sort of hegemon in the fight against hackers. China ranks second with 12%. On the other hand, Israel ranks third with a 10% share, also showing a 4% increase compared to 2019. With the same trend, it has a good chance of overtaking China in this respect. The report shows the number of annual departures from the cybersecurity sector through mergers and acquisitions and stock market debuts. In the years 2016-2019, an upward trend can be noticed. From year to year, the number of departures increased by 100.

The report also shows the ratio of the increase in the number of the so-called megarounds (contracts worth over $100 million), which results in an increase in the volume of transactions.

All these increases in value did not go unnoticed. The consequence of the development of this type of industry, which is cybersecurity, is the creation and development of private companies. There are already over 30 companies in the world involved in the development of cybersecurity technologies, the value of which exceeds $ 1 billion. In Europe, for example, Acronis is such a company.

Almost 75% of cyber defenders are based in the United States, most of them in California. Second place, with almost 20% concentration of cyber defenders, is Israel. Canada and Ireland boast one “cyber defender” within their borders. In Canada it is the company “Isara”, and in Ireland “Tines”.

Methods of counteracting cyber attacks

There can be differentiated various methods of counteracting cyber-attacks. Most innovative ones are presented below:

“Identity orchestration”

This method is based on managing access to multicloud environments and enforcing the least privileged framework.

Two companies specialize in this method: “Ermetic” and “STRATA”. It is worth remembering that companies operating in on-premise systems and many clouds lack one, unified solution for identity management and limiting access to data and systems. The report shows how often companies dealt with an incident related to the security of a public cloud. In almost all of the countries surveyed, this problem exceeds 50%. Managing identity and access for any cloud and on-premises application can be a problem, so startups of all kinds take up the challenge of unifying identities across their IT infrastructure. As for identity orchestration, Ermetic inventories identities and assets across multiple clouds. Identifying risky permissions and behaviors across all cloud platforms and applying uniform rules can reduce the impact of cyber attacks. In turn, as for “STRATA”, it provides an abstraction layer for consolidating divergent identity management systems. By providing a single identity solution for on-premise applications and multicloud deployments, “STRATA” helps reduce security risks.

“Data Firewalls”

It consists in classifying, monitoring and controlling access to the most valuable data of the enterprise. Companies specializing in this protection are, for example, “Cyral” and “Open Raven”.

Companies face financial and reputational costs when their data is stolen by hackers or disclosed to the public. The report shows clearly that the 3 sectors that have the greatest problem with data theft or data leakage to the public are healthcare, energy and finance. 80% of data breaches contain customer identification information. In turn, 32% of data breaches concern intellectual property.

“Security Creds”

The above method is met by meeting compliance standards and conducting security audits. The companies “Vanta” and “Drata” specialize in this area.

The description of the methods in the report is guided by the rule that “a company is only as strong as its weakest partner”. In adapting to this new threat landscape, companies strive to differentiate themselves from the competition and gain customers by displaying their security credentials. In order to verify the attitude in the field of cybersecurity and acquire customers, companies undergo audits in order to obtain security certificates.

“Outsourced Security”

It stands for putting cybersecurity into the hands of external contractors. Detection and response service providers often use artificial intelligence to help companies identify and respond to threats. Their view of all customers can provide a better understanding of the threat landscape. The companies “ActZero” and “Confluera” specialize in this method.

„SaaS Security”

The above-mentioned concept can be interpreted as securing a growing ecosystem of SaaS applications for enterprises. In recent years, companies from various industries have increasingly used SaaS applications, i.e. third-party software operating in the cloud. Managing and monitoring a growing network of applications provides a unique set of challenges. In 2020, the leading industry in the use of SaaS applications is Technology, where as many as 155 applications were in use.

The use of Saas applications comes with an obligation, namely organizations using Saas applications must develop a plan to manage and secure their growing application ecosystems, especially for the users who have access to them. Emerging cybersecurity service providers are tackling this challenge by mapping corporate SaaS applications and implementing the necessary measures to secure the application ecosystem.

The above Saas customers responsibilities include:

1. Securing user access to the application
2. Verification of the identity of logging in users
3. Data / application integration

What steps does Saas take to protect the data of customers using the ecosystem of the above-mentioned application?

It does this in 3 ways.

1. It has constant access to all SaaS ecosystems.
2. It manages rights to SaaS applications
3. It monitors all activity within the limits of the SaaS application.

Companies specializing in SaaS protection are “AppOmni” and “Grip”. “AppOmni” monitors the Saas application ecosystem in search of suspicious activity, and manages user access to the data and the application itself. On the other hand, “Grip” maps SaaS applications and monitors their use, and helps to identify abuses and set permissions to reduce the risk.

„Crypto defense”

This type of cyber protection focuses on protecting the integrity of blockchain transactions.

What is blockchain?

Blockchain is a technology that stores and transmits information about transactions concluded on the Internet. This information is arranged in the form of consecutive data blocks. One block contains information about a certain number of transactions, then, after it is saturated, another block of data is created, followed by the next and the next, creating a kind of chain. Information about various types of transactions, e.g. trading, buying or selling currencies, including cryptocurrencies, can be sent there. The main essence of blockchain operation is to maintain a joint and collective transaction ledger in digital form, distributed over the network, in the same copies (more about Blockchain technology at: https://www.lazarski.pl/pl/wydzialy-i-jednostki/instytuty/wydzial-ekonomii-i-zarzadzania/centrum-technologii-blockchain/co-to-jest-blockchain-i-jakie-moze-miec-znaczenie-z-punktu-widzenia-ekonomii/ )  

It has to be kept in mind that blockchain is not inherently secure. Although blockchain has features that support security and privacy (such as an immutable ledger), it is not immune to cyber attacks. As evidence that blockchain technology is not secure, it can be demonstrated that more than $ 500 million was lost or stolen from decentralized financial projects (DeFi) in 2020.

Companies dealing with this type of protection are “valid.network” and “CERTIK”.

The first organization offers tools for detecting weaknesses in decentralized application code and monitors and controls transactions in real time. The latter, on the other hand, uses a formal verification method developed by scientists at Yale University to mathematically prove “the correctness of the program and its resistance to hackers.”

„Security-infused networks”

This method is understood as anti-hacker protection, mainly concerned with adding security to corporate networks.

Particularly in the environment of remote work, companies rely on reliable networks to enable safe transfer of information. Historically, these networks have been protected with numerous point solutions (e.g. VPNs, firewalls, VPN security brokers, firewalls, cloud access security brokers) which can frustrate IT teams and employees.

Startups and technology companies implement cyber security in software-defined network solutions (eg SD-WAN). A unified security model that is delivered as a service reduces complexity and helps multiple businesses keep their cybersecurity protocols up to date.

Some examples of the above technology providers are “Twingate” and “Ananda”.

“Twingate” provides users with secure access to corporate applications. The company secures networks by offering built-in access control and keeping them invisible to the internet. In turn, “Ananda” offers a cloud-managed, secure global local area network (LAN). The company enables companies to create their own private networks with security features such as encryption, microsegmentation and granular access control.

„Cyber automation”

This concept covers the development of cybersecurity processes and the automation of workflows. In the context of this type of protection, attention should be paid to a significant problem. Cyber-attacks, alerts and vulnerabilities continue to grow while the supply of qualified cybersecurity specialists remains limited.

The solution to this problem is automation, which increases the capabilities of cybersecurity workers. Companies using defined cybersecurity and threat data workflows have automated cyber processes and integrated with supporting systems such as Slack, Atlassian and SIEM (security information and event management). Automation of these processes significantly solves the problem of a small supply of qualified specialists. However, automation is also a kind of risk as what is automated can also be hacked.

In the context of this new risk, companies that specialize in protecting “cyber automation“, namely “Tines” and “Strike Ready”, can be named.

The former organization offers a code-less platform for automating workflow processes. It integrates with many technical tools for enterprises (e.g. Okta, Slack). Tines can automate tasks such as responding to phishing (a fraud method in which a criminal impersonates another person or institution to obtain confidential information), enrich security reports, and receive alerts.

The second organization, “Strike Ready”, develops digital cyber awareness and response analytics to analyze and resolve security incidents. The company can help security teams be more efficient and effective by autonomously prioritizing alerts, conducting vulnerability testing, and responding to attacks.

„API protection”

This is an activity to ensure the visibility of APIs to prevent malicious activity.

In the last few years, the use of an application programming interface (API) has grown rapidly in all industries over the past years. This comes with security risks that require new safeguards. The threats related to the API include:

1. Code injection
2. Faulty authentication process
3. Overexposure of data
4. No usage limits.

Companies are emerging, some developing solutions to secure API development, including vulnerability testing and ensuring proper configuration, while others monitor and respond to API abuse such as code injection and unauthorized access.

In the context of this protection, companies “Noname” and “Traceable” can be mentioned

Traceable discovers, secures and monitors APIs. Their product protects against known threats (eg SQL injection, Cross-Site Scripting) and also provides visibility into API activity to identify, investigate and solve the threat.

Noname, on the other hand, offers a suite of API security tools. The API security platform can locate corporate APIs, identify suspicious activity, and block attacks in real time. It can also test the integrity of APIs before production.

„Cyber insurance”

It is cyber risk management and financial securing of cyber costs.

Over the past 3 years, the impact of hacking on an affected company has become increasingly costly. Experts in the analysed report cited estimate that the theft of 10 million records could cost the company $ 100 million.

The above problem has created a niche that is efficiently filled by companies offering risk analysis tools, companies and insurers that are trying to solve the main challenges hampering market development, i.e. the lack of historical data on which to base risk models and the possibility of incurring significant sludge.

The organizations “Cowbell Cyber” and “Cyber Cube” specialize in this field.

The former uses data analytics and cybersecurity monitoring to offer cyber insurance. When defining the range, the company takes into account factors such as cybersecurity attitude and knowledge of the so-called “Dark web”. It also offers services such as cyber awareness training to reduce a company’s cyber risk.

The activity of the second organization consists in providing insurance companies with cybersecurity analysis and data enabling the determination of insurance risk. By compiling cybersecurity datasets and developing risk models, CyberCube provides insight into the development of cybersecurity insurance products.

„Shift left security”

This type of protection is dedicated to reducing the vulnerability of the application development stage.

When it comes to software development, security considerations are often the last step before going live. Building software without security considerations can at best lead to delays and inefficiencies, and at worst, create serious security holes.

There are many points in the software lifecycle at which security measures can be added, which can reduce the likelihood of security vulnerabilities and the time it takes to deploy more secure applications. Specialized companies have been established that approach these points of software development with solutions that reduce risk.

These organizations include, among others “Cycode” and “BlueBracket”.

The “Cycode” company secures the software development process from source code to cloud configuration. The company provides tools such as code fingerprinting, misconfiguration scanning and enforcement of security policies to reduce security risks in the software life cycle.

The second organization, “BluBracket”, protects the software code by assessing its risk and tracking its usage. By tracking sensitive code, highlighting misconfigurations and scanning code repositories for threats such as encrypted secrets or multiple owners, BluBracket brings security to the software development process.

„Secure data sharing”

This is an activity to protect the privacy of data shared with third parties or used for analysis.

In order to use existing data (e.g. to identify new medical treatments, develop customer personal information in retail, etc.), companies may seek to share, aggregate and analyze sensitive information, which may be a potential target for hackers. The protective elements of encrypted data have historically been at the expense of analysis and collaboration. However, new techniques have been developed to increase the usability of the data while maintaining its security.

Privacy preserving computation (PPC) is as follows:

1. Trusted Runtime
2. homomorphic encryption
3. differentiated privacy
4. secure multilateral computing

Examples of organizations specializing in the above-mentioned activities are “Cape Privacy” and “TripleBlind”.

Cape Privacy enables scientists to share and work with encrypted data. The product allows organizations to train AI models on encrypted data so that they can be shared without compromising privacy and security.

“TripleBlind” provides a solution for sharing and analyzing encrypted data. The platform offered by this organization allows companies to encrypt their data and algorithms to support secure data analysis and sharing.

„Auto security”

This type of cyber-protection is about defending connected vehicles against wireless and proximity attacks. Modern technologically advanced vehicles not only have access to the Internet, but also very often store various types of data. As a result, vehicles are becoming data centers on wheels that open up new opportunities for hackers.

Organizations that protect such vehicles against cyber-attacks are, for example, “Upstream” and “C2A”.

The first organization, monitors vehicles to identify and respond to cyber attacks and abuse. The company’s platform analyzes automotive data to detect and respond to cyber threats. The second organization, on the other hand, provides a tool to monitor the vehicle’s internal systems.

The company’s goal is to support car suppliers and manufacturers by offering security capabilities that identify attacks on vehicle systems (e.g. powertrain, ADAS).

„Post-quantum cryptography”

The above can be understood as:

1. cryptography based on the so-called “Trusses” – based on the abstract structures of mathematics.
2. Kodac-based cryptography – uses error correction codes that allow you to check the reading of the transmitted data for errors and correct them in real time.
3. multidimensional cryptography – based on solving multivariate equations. These equations are difficult to solve by brute force.

This type of protection is worked out, among others, by “ISARA” and “QuSecure”.

Isara offers tools to protect against future quantum attacks. In particular, ‘Isara’ allows companies to view and manage their crypto assets or infrastructure with a single tool that can support the transition to quantum safe algorithms.

On the other hand, “QuSecure” also provides solutions to avoid attacks using quantum computing by using quantum-safe algorithms. “QuSecure” provides solutions for key management and data security at rest.

Amendment of the Polish Act on Cybersecurity

The ongoing revolution of tools to combat cyber-attacks causes changes in cybersecurity law in such a way as to create legal instruments for public institutions to define legal rules for assessing which activities on data are illegal and, consequently, qualified as hacking. In addition, national regulations on IT service providers provide an opportunity to specify the criteria for cooperation between entities providing solutions in this respect.

A good example of such a law-making reaction is the amendment to the Polish act on cybersecurity. The most important change introduced by the amendment to the Cybersecurity Act is the introduction of non-technical supplier assessment criteria, such as a criterion aimed at analyzing a given supplier in order to check whether this supplier is under the control of a country outside the EU or NATO or not. If, in relation to a given supplier, a high risk of remaining under the above-mentioned control is detected, such supplier is excluded from procurements. The following changes in the Polish law from the perspective of cybersecurity regulations also include:

– rebuilding the cooperation model within the national cybersecurity system. Sectoral cybersecurity teams and cybersecurity service providers will be replaced by sectoral CSIRTs and SOCs (operational security centers), respectively, with only slightly changed tasks.

– the addition of a new type of entity – ISAC – which is to allow small and specialized entities to join the national cybersecurity system.

– strengthening the position of the government representative responsible for cyber security by providing him with specific powers in the field of issuing critical incident warnings together with the recommendation of specific behaviors. The said government representative will also be able to issue recommendations aimed at strengthening the level of cybersecurity of information systems of the entities of the national cybersecurity system. In turn, these entities will be required to take into account these recommendations during the risk management process. It will be up to these entities to decide whether to follow these recommendations.

– the establishment of the Polish National Cybersecurity Certification System under which cybersecurity certificates will be issued.

– The minister responsible for computerization will prepare programs on the basis of which it will be possible to conduct certification. Ultimately, these programs will be adopted by ordinance of the Council of Ministers.

– The supervisory authority will audit entities belonging to the national cybersecurity certification system. In the scope of certificates referring to the “high” trust level, it will also approve each issued certificate. This solution is intended to be a guarantee that the assessment of compliance to the highest level of security will be carried out in accordance with the best standards in this field.

– Defining procedures for accreditation of conformity assessment bodies and procedures for issuing certificates.

– Defining the obligations of the entities of the national cybersecurity certification system.

Legislation process of Polish Cyber Security Act:

https://legislacja.rcl.gov.pl/projekt/12337950/katalog/12716624#12716624

Draft amendment to the Act with justification:

https://legislacja.rcl.gov.pl/docs//2/12337950/12716624/12716625/dokument493122.pdf

Link to the website where the analysed Report can be downloaded: https://www.cbinsights.com/research/report/cyber-defenders-2021/

Artykuł Global trends of IT methods created by private providers of counteracting cyber-attacks (like Identity orchestration) – Change of Polish cybersecurity law important for foreign suppliers of IT equipment to the public sector and public utility institutions in Poland due to global threats pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

On 29 July 2021 KIEŁTYKA GŁADKOWSKI KG LEGAL took part in the webinar ‘Cell and gene data innovation and multi-stakeholder data transfer’ (Plan, capture and set the infrastructure for data sharing across the value chain, to optimize commercial strategy), organized by Reuters Events in participation and partnership with Salesforce. The scope of the webinar is within life science and digital health specialization that constitutes one of the core specializations of our law firm.

Some of the panelists included:

Augusto Penjasoff – Business Partner, Global Cell Therapy IT Head in BMS (Bristol Myers Squibb),

Curt Fitzgerald – Director- Service Delivery- C&GT in Novartis,

Gary Gabriel – Global Advisor for Healthcare and Life Sciences in Tableau,

Neary Detrick – Senior Director, Data Management & Analytics in Bluebird Bio,

and Beth Hayes as a moderator- healthcare and lifesciences business consulting – Pharma Lead, Industry Transformation (Salesforce).

The mission of Salesforce company (a partner and a participant of the webinar) is to empower companies to connect with the customers, providers of services and patients in the new and reimagined way. Salesforce serves leading organizations across the industry, including pioneers in CGT (cell and gene therapy).

Important question posed during the webinar concerned personalized medicine.

The response is that the latter is the future of the medicine (so-called a Medicine 2.0). A deliberation about personalized medicine is not a discussion about future in about 10 or 15 years. It drives a magnificent impact across the industry. There was also discussed the question of the difference between the traditional medicine and personalized medicine.

The difference is that personalized medicine does not fit well with the normal (classical) paradigms of traditional medicines. It is an entirely new, and innovative paradigm of medicine. The new paradigm, way of thinking about medicine and therapy differs from the traditionally conceived and understood medicine in the so-called mindset (considering the entirely new technology as abovementioned cell and gene therapy- CGT). In the medicine 2.0 framework the disease is not treated, but the patient is treated, taking into account all the factors that would not normally be considered.

Cell and gene therapy challenges appear and arise because this type of therapy (revolutionary new and technically highly advanced) succeeded in the medical market. Thus, the challenges are the signs of the therapy’s development.

During the registration process organizers posed a question about the main challenge in the panelists’ CGT (cell and gene therapy) strategy. The results are as follows:

27% data standardisation and interoperability challenges

27% general, overall operational readiness

15%- cross- stakeholder agreements and alignment on data sharing and ownership

13% pre-commercialization, clinical data challenges

13% other

8% post- commercialization and long-term monitoring data challenges

The panelists commented on these results as follows.

Neary Detrick emphasized that her experience is the traditional pharma related with data. In the traditional paradigm of medicine the data about patient which is not related with the disease is not important and significant. Nowadays in the contemporary personalized medicine when the commercial and manufacturing sphere are much more associated and connected to each other (because the patient has become a part of the product) the information about the patient, his data, are crucial. Thus the data standardisation and the data circulation are one of the priorities in the Bluebird Bio strategy.

Gary Gabriel expressed the view that Tableau’s perspective is directed at the patient and the patient’s point of view. They are, in Tableau, focused on the data from the dashboards, visualization and patients’ statistics. They look at how the patients’ data is organized and standardized and how the present data can help in the prospective perspective of patient’s health and therapy.

Curt Fitzgerald suggested that the challenges depends on what moment you are at your journey and growth (small, medium or large). Data challenges in Novartis are for example gene data. From the operationalization perspective, one of the biggest challenges nowadays are the productization of the information flow across the stakeholders. That’s why if the stakeholders do not have a good operationalization system which operates and delivers data to other stakeholders (in one alignment), the whole CGT strategy will collapse regardless of whether the entity is small, medium or large. This challenge is universal.

Augusto Penjasoff noted that the key challenge is a mindset. Because the change of mindset changes the perspective and entire strategy.

The panelists also discussed the stages of data development and digital strategy.

Gary Gabriel expressed the opinion that in his opinion the scalability can be a useful tool to answer the question how to reach more patients, because these therapies are new and expensive. Considering that fact some relevant and tough question arise: What is the so-called information readiness and how to explain these therapies to the patients (and even for well-educated people as physicists). We can use, for instance, data indicators (to educate more patients and more providers) and use more dashboards and indicator.

The participation in the webinar will allow the lawyers within life sciences desk of KIELTYKA GLADKOWSKI KG LEGAL to provide tailor made legal services and assistance to the clients operating in cell and gene data innovation, also having regard to our participation at EuroBiotech Congress in November 2021: https://www.eurobiotech.krakow.pl/gb/

Artykuł KIEŁTYKA GŁADKOWSKI KG LEGAL TOOK PART IN CELL AND GENE DATA INNOVATION AND MULTI-STAKEHOLDER DATA TRANSFER WEBINAR pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

Sectoral legal advice for clients from the telemedicine sector requires from lawyers to constantly monitor the market in this sector and constantly expand their knowledge of market needs. It is the duty of every lawyer of KIEŁTYKA GŁADKOWSKI to be up-to-date with the sector of economic activity on which they provide legal services. Proper legal advice requires from lawyers to know the market practice of a given sector, and above all, knowledge of complex IT terminology and the basics of the pharmaceutical market.

I Telehealth trends’ perspectives

On the Telehealth Investment Trends we can have a look from different perspectives.

1. One of these perspectives is a funding perspective. In the 2^nd quarter of 2021 we can notice a funding record broken for the 4^th quarter in a row (from the 3^rd quarter of 2020). The deal count amounted 163 deals and the funding amounted 5,038 (in millions of dollars).
2. The continental differences. It is explicitly noticeable that European investment nearly quintupled QoQ to reach a record high of $915M. Asian investments almost halved, north American investment slightly increased but European made an incredible investment growth which might be a long-perspective tendency (especially regarding the COVID-19 pandemic and Europe’s ageing an increasingly digitalized society). Among these reasons and investment tendencies the polish executive in the abovementioned ordinance included the procedures to impart instructions about e- medical prescription realization, additional treatment, tests realization (including laboratory tests) and possibility to sign up an Online Patient Account[1]. These procedures and medical services requirements can be (and in deed will be for sure) unquestionably helpful for older people who are yet to learn with increasingly used IT systems.
3. The differences between early-, mid- and late- stage deal percentage. It is worthy to notice that in the 2021 early-stage deal share tracked at a historical low but at the same time the late-stage share at its high level (12% in comparison to previous 8%). This may reflect the increasing sophistication and maturity of the telehealth industry and of course the maturity and investment development and advancement of telehealth entities.

As a titbit we can say that the top 3 deals in Q2’21 brought in $1.6 B. The companies engaged in these transactions are Noom, Kry, Capsule, Cue and Lyra and each of them have a total disclosed funding above $570M.

• A broad domination of teletherapy. In the relation between 1^st and 2^nd quarter of 2021 the teletherapy sector (teletherapy, coaching &care management) has reached the highest increase (form 26% to 37%). It means that teletherapy deal share neared 40% in Q2’21. It is the biggest part of that industry brunch (almost an half). That’s why polish minister decided to regulated the teleconsultation in the individual ordinance (because the statutory law obliged him to do so. Thus we can say that the polish legislator decided to regulate this important issue in the individual act and ordinance).
• For the experts of capital markets law and company law it might be interesting that telehealth exits reached a record high in Q2’21, driven largely by M&A activity (35 in comparison to 7 IPO excluding SPACs).
• To give more detailed information it is good to notice the selected telehealth acquisitions from Q2’21:
• Telemedicine providers- Walmart Health acquired virtual primary care provider MeMD; Accolade acquired virtual primary care company PlushCare
• Virtual care enablement- Insurer Bright HealthCare acquired virtual care enablement company Zipnosis, eConsult acquired fellow UK-based virtual care enablement company Q doctor.
• Remote monitoring- PAVmed acquired connected vascular implant maker Oncodisc, Halma acquired obstetric remote monitoring software developer PeriGen.

Globally there are 27 TELEHEALTH UNICORNS. VALUED IN AGGREGATE AT $55B.

If you want to see telehealth’s most active VC investors: see the full report.[2]

II What the state of telehealth covers

• TELEMEDICINE PROVIDERS, PLATFORMS, & MARKETPLACES

Companies that offer online access to and facilitate interactions with remote healthcare professionals. These interactions — whether between a patient and a physician or between physicians — are generally ad hoc and consultative in nature.[3]

In the Q2’21 we could have seen the first quarter to quarter decline. In comparison to the previous 6 quarters increase it could be only a temporary decline. In the next quarters we should carefully observe these data.

Precisely because of the telemedicine providers (considering the temporary decline) polish legislator decided to oblige the Minister of Health to introduce the appropriate ordinance regulating teleconsultation which are operated and provided by platforms such as Kry company, Cure.fit, Doktor.se, etc.

• TELETHERAPY, COACHING, & CARE MANAGEMENT

Companies that offer online access to and facilitate interactions with professionals like remote therapists, health coaches, care managers, and patient advocates who provide periodic, instructive guidance and encouragement throughout patients’ treatment plans and care pathways.[4]

This sector (in the era of mental-disease as a civilization (lifestyle) disease) is accelerating very rapidly (especially in the 1^st and 2^nd quarter of 2021, perhaps due to the pandemic). It is significant that top deals went to mental health and chronic car cos. This is one of the reason why in the abovementioned ordinance are the exceptions from the online doctor consultation. When the mental state of the patient is severe it is a possibility and even and obligation to make an in-office visit.[5]

Recently the Cerebral became a telemental health unicorn, which total funding is $162m and valuation is $1.2B.[6]

• VIRTUAL/DIGITAL CARE ENABLEMENT

Companies offering software and connectivity solutions to physicians and healthcare enterprises looking to build out virtual/digital patient interaction and remote care collaboration capabilities.[7]

This sector is a little bit different from others, because its funding hit a high as deals rebounded from 1^st quarter of 2021 (other sectors or peaked or have declined in the 2^nd quarter of 2021). The main highlight in this subject is an issue of decentralized clinical trial enablement which was an active area of business development activity.

One of the most known acquisition in the digital care enablement was an Zipnosis acquisition by the bright Health.

Zipnosis’ white-label enterprise virtual care suite combines virtual triage & routing with synchronous & asynchronous telemedicine solutions to help healthcare organizations reduce costs and improve outcomes. According to the company, Zipnosis has screened and treated more than 2M patients.

In April, health insurer Bright Health acquired Zipnosis for an undisclosed sum to strengthen its position in the telehealth market. In June, Bright Health IPO’d at a $13.4B valuation.[8]

• REMOTE MONITORING & DIAGNOSTICS

Companies offering products that help assess patients’ state of health and well-being from a distance. Whether to monitor for signs of deterioration, screen for disease risk, or diagnose conditions, these solutions differ in the types of data they analyze and the manners in which they collect and share it.[9]

This sector has the same investment and economic success as other sectors. But aforementioned ordinance does not relate to it in a explicit way.

• TELEPHARMACY

Telepharmacy sector held strong in the 2^nd quarter of 2021 despite the 43% decline quarter to quarter. It is probably caused by still persisting public awareness about COVID. News articles mentioning telepharmacy solution are still at the same (high) level as there were at the beginning of Covid pandemic. The index has not peaked, but it remains at a stable, high level.

Telepharmacy is mainly concerned with instructions on e-prescribing and issues that take place outside and after the online doctor consultation. It demands another, detailed and individualized regulation about its specification, in which investment sector is still (as we mentioned above) strong and the pandemic time will remain that rate at the significant level.

[1] Section 3 point 1 letter f of the Minister of Health Ordinance from 12^th August 2020, https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20200001395, https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20200001395/O/D20201395.pdf (data access: 3^rd August, 2021). 

[2] To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

[3] State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch, CB Insights Report, 29 July, 2021, p. 37. To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

[4] Op. cit. p. 37

[5] Section 3 point 1 letter e of the Minister of Health Ordinance from 12^th August 2020, https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20200001395, https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20200001395/O/D20201395.pdf (data access: 3^rd August, 2021). 

[6] Cerebral is a telepsychiatry company that offers online provider visits, care counseling, and prescription management services for people with anxiety and depression.

State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch, CB Insights Report, 29 July, 2021, p. 41. To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

[7] ^[7] State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch, CB Insights Report, 29 July, 2021, p. 37. To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

[8] State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch, CB Insights Report, 29 July, 2021, p. 52. To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

[9]  State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch, CB Insights Report, 29 July, 2021, p. 37. To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

Artykuł MEDICINE TELE-SECTORS- TELE-TECHNOLOGIES AND NEW OPPORTUNITIES FOR PATIENTS – PART TWO pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

Nowadays an issue like telehealth or telemedicine is not something abnormal, extraordinary or an extravagancy for richer part of the society. Moreover under circumstances of COVID-19 pandemic the telehealth sector became more known (thus in many countries telemedicine is a well-known medicine  and services sector) and, what is more relevant, it became one of the most (or even the most) crucial and indispensable way to communicate with the doctor and to take care of yourself.

Fast, easy to operate, straightforward and accessible for every internet and phone users telehealth expanded into our life and our health-life. It is a undoubtful fact that it is one of the most rapidly, dynamically, successfully branch of economy, especially in the life sciences sector. The 4^th economic revolution we are experiencing and participating (consciously or unconsciously) impressed us on the fact that an iphone just a smartphone has become the command and management centre of our lives. Therefore we also use our phones (electronic devices in general) to control, observe and manage our health- life or even health life of our children, relatives and pets. Companies have long noticed this medical-technological trend, but now (also due to the global situation) it has significantly accelerated.

In support of this thesis, we want to submit you a new report (CB Insights report) about the state of telehealth sector and polish, detailed regulation (The Minister of Health ordinance from 12^th August, 2020) about the tele-med-guidance rules.

FIRST PART- TELEHEALTH MARKET RECOVERY

I

The CB INSIGHTS published a report- State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch which in a very adequate,  professional and analytical way pointes the main global trends in a telehealth economic sector out and uses the examples of the biggest transactions, M&A with extensive use of statistical data, diagrams and schemes.

In the ‘Telehealth Market Drivers’ we can read that:

1. Digital Transformation initiatives are accelerating across the healthcare industry.

The amount of new articles mentioning healthcare’s digital transformation increased from 154 in the middle of 2016 (July 2016) to 1707 in the middle of 2021 (June 2021) with the peak at the end of 2020 (2,043 new articles about healthcare digitalization). Despite the fact that amount of new articles has decreased the main tendency is observable. To emphasize this upward trend, it is worth mentioning that nearly 60% of healthcare organizations are adding new digital projects and 42% are accelerating some or all of their existing digital transformation plans.

• Improving the patient experience has been becoming a higher (or probably the highest) priority for healthcare executives.

It is significant that earnings call mentioning ‘patient experience’ increased form 90 in the third quarter of 2016 (with the highest decline at the beginning of 2020 to 67) to 137 in the second quarter of 2021. Moreover the telemedicine sector is the healthcare area in which organizations are currently investing the most to improve the ‘patient experience’ (the other two areas are HER interoperability and patient portals or another digital messaging system).

• The telehealth growth is not only caused by the COVID-19 pandemic

As we can see at the graphs and statistical data the telehealth visits appear to be stabilizing at levels well above those pre-pandemic. As one of the Optum Leadership (is was Mr. Wyatt Decker) said:

We’re seeing continued sustainability of virtual care solutions which, as you may know, peaked during the height of the pandemic, have declined some, but are still probably 10x where they were pre-pandemic. And certain conditions or behavior areas…are now seeing about 50% utilization through virtual services. So we’re very excited about where we are going to take this.[1]

• Telehealth can address (an probably will do so) the gaps according to the health equity and inequity.

The pandemic exacerbated and exposed the magnitude of social and health inequities faced by different racial groups in the US. In April, the CDC declared structural racism — rooted in unequal SDOH* burden — a public health crisis. In the report we can see the significant and sharp rise of the new articles mentioning about health equity and inequity and earnings call mentioning these issues.

• The telehealth lobby is forceful and will be so.

As the report shows (based on the US Senate Lobbying Disclosure Act and other reports database) from the 2^nd quarter of 2019 to these time the telehealth lobbying reports increased from 0 to 400. And this value has remained at the same level for 3 years. The most active telehealth lobbyists are inter alia University of Alabama System, MetroHealth, AHIP or BlueCross BlueShield Association.

II

The Polish legislator was not indifferent to these global changes and trends and introduced a number of regulations in the field of telemedicine including the Ordinance of the Minister of Health from the 12^th August 2020 on the organizational standard of online doctor consultation in primary health care based on article 22 section 5 of the Act of April 15, 2011 on medical activities.[2]

This ordinance contains:

(1) the definitions of:

• an online doctor consultation – ‘a healthcare are provided at a distance using ICT systems or communication systems.’[3]
• a person providing teleporting – ‘a doctor, nurse or midwife who provide services at the service provider.’[4]
• POZ service provider – ‘service provider referred to in art. 9 sec. 1 of the Act of 27 October 2017 on primary health care.’[5]

(2) The general standard of the online doctor consultation:

• An information from the provider on the conditions for tele-treatment (online doctor consultation), taking into account the patient’s rights;
• The first visit fulfilled by a doctor;
• The exceptions from the tele-treatment due to the disease advanced form, or the necessity of the physical examination of the patient;
• The instructions about e-medical prescription, e-admission order realization;
• The procedure of the online doctor consultation calling and the principles of the confidentiality and patient data security.

[1] State Of Telehealth Q2’21 Report: Investment & Sector Trends To Watch, CB Insights Report, 29 July, 2021. To get full report: https://www.cbinsights.com/research/report/telehealth-trends-q2-2021/ (data access: 3^rd August, 2021).

[2] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20200001395, https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20200001395/O/D20201395.pdf (data access: 3^rd August, 2021). 

[3] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20200001395, https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20200001395/O/D20201395.pdf (data access: 3^rd August, 2021). 

[4] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20200001395, https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20200001395/O/D20201395.pdf (data access: 3^rd August, 2021). 

[5] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20200001395, https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20200001395/O/D20201395.pdf (data access: 3^rd August, 2021). 

Artykuł MEDICINE TELE-SECTORS- TELE-TECHNOLOGIES AND NEW OPPORTUNITIES FOR PATIENTS – PART ONE pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

A roundtable discussion among experts was held on 14 May 2021, which addressed the potential and challenges of dispute resolution for blockchain-based transactions.

This was the fourth event in the inaugural series organized by the SVAMC Initiative on Arbitration, Mediation and Blockchain-based Transactions.

The event featured the following speakers:

Sophie Nappert, 3VB (London)

David Mcilwaine, Pinsent Masons (London)

Shreyas Jayasimha, Aarna Law (Bangalore)

Tilman Niedermaier, CMS (Munich)

Jennifer Stolp, White & Case (Johannesburg)

And co-moderators:

Crenguta Leaua, LDDP & SVMAC (Bucharest)

Manuel A. Gomez, FIU Law & SVAMC (Miami)

The webinar addressed issues including the anonymity of blockchain transactions, the implementation of blockchain transactions into traditional law, trust in international operations and the blockchain department – its transparency and integrity, and contentious issues regarding the concept of cryptocurrency assets as property.

The Silicon Valley Arbitration and Mediation Center (SVAMC) serves the global technology sector by promoting practical solutions to business disputes.

SVAMC partners with leading technology companies, law firms, ADR institutions, and universities in Silicon Valley and around the world to provide educational programs and related resources on efficient and effective technology dispute resolution.

Artykuł Kiełtyka Gladkowski Partners participated in an international conference on blockchain transactions. pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.