JLSW Janaszczyk Lis 
Partners
Legal Advisers
Limited Partnership
28 Czerwca 1956 r. no 406
61-441 Poznań
tel. 61 673 45 20
e-mail: kancelaria@jlsw.pl
Złota no 59
00-120 Warszawa
tel. 22 489 52 60
e-mail: kancelaria@jlsw.pl
News
31.05.2023
Reduction of single-use products
On 27 April 2023, the President signed the Act amending the Act on duties of entrepreneurs concerning the management of certain types of waste and the product fee. The amendment implements into the Polish legal order the provisions of the Directive 2019/904 of the European Parliament and of the Council (EU) of 5 June 2019 … Continue reading “Reduction of single-use products”
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17.05.2023
Compliance – part VIII – Trainings – one of the ways to ensure the effectiveness of the compliance system
The compliance system, in particular, is a set of policies, procedures and rules related to compliance within a given organisation. In order for the system to be effective, it is necessary to take specific actions to facilitate reaching this goal. First of all, it is necessary to keep the system up-to-date and to ensure that … Continue reading “Compliance – part VIII – Trainings – one of the ways to ensure the effectiveness of the compliance system”
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News
02.05.2023
End to combustion car sales – final decision by the European Union
On 28 March 2023, the Council of Europe adopted a regulation that will ban the sales of new cars with internal combustion engines (petrol and diesel) in the European Union countries. The ban will apply from 2035. An exception to the ban will be made for vehicles powered by carbon-neutral e-fuel. It should, however, be … Continue reading “End to combustion car sales – final decision by the European Union”
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News
24.04.2023
The Legal 500 – 2023
In the latest edition of the prestigious ranking “The Legal 500 Europe, Middle East & Africa 2023” published on 12 April 2023, JLSW Law Firm has been honoured again. In 2023, JLSW Law Firm has been recommended as a specialist in construction law for the sixth time. The team has been recognised for its long-standing … Continue reading “The Legal 500 – 2023”
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Compliance
News
29.03.2023
System compliance – VI – Risk assessment
In order for the compliance system to be effective and provide adequate protection, all the steps necessary for its implementation must be carried out, i.e.: a comprehensive audit, an assessment of risk areas, the introduction of detailed procedures covering key risk areas, supervision and control of compliance with the procedures, as well as staff training, … Continue reading “System compliance – VI – Risk assessment”
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News
15.03.2023
Changes to the Labour Code – sobriety testing
New Labour Code provisions that will enable employers to check employees’ sobriety at workplaces will come into force as early as 21 February 2023. The purpose of introducing this long-awaited provisions into the Polish labour law and allowing employers to independently carry out sobriety checks is to increase the safety of employees – to protect … Continue reading “Changes to the Labour Code – sobriety testing”
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News
08.02.2023
Fines imposed by the Office of Competition and Consumer Protection (UOKiK) for delayed payments between entrepreneurs
Recently, the President of the Office of Competition and Consumer Protection (UOKiK) issued nine decisions related to cases of payment gridlock, including fines totalling almost one million zloty imposed on three entrepreneurs. The fines imposed were related to the implementation of the amended provisions of the Act on Counteracting Excessive Delays in Commercial Transactions, in … Continue reading “Fines imposed by the Office of Competition and Consumer Protection (UOKiK) for delayed payments between entrepreneurs”
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News
31.01.2023
How to communicate price reductions in promotions and sales correctly?
Since 1 January 2023, sellers operating both online and in store have been struggling with introducing the changes adopted as a result of the implementation of the Omnibus Directive, whose aim is to strengthen consumer protection. In connection with these changes, the Trading Standards Authority has begun inspections at retail chains to check whether and … Continue reading “How to communicate price reductions in promotions and sales correctly?”
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News
27.01.2023
Family foundation – a new institution in the Polish legal system
The act on family foundations – the stage of legislative work The bill is currently awaiting another reading in the Sejm, after the Senate submitted its amendments on 13 January this year. The bill was submitted by the Minister of Development, Labour and Technology. Grounds for the novum The legislator justified the introduction of the … Continue reading “Family foundation – a new institution in the Polish legal system”
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Compliance
News
25.01.2023
Compliance – part IV – Compliance officer
In this article, we will outline the role of compliance officers – their position within a company, and their tasks and responsibilities in an effective compliance system. The compliance system is a set of procedures, actions and organisational solutions to ensure that the company operates in accordance with the external and internal regulations. The compliance … Continue reading “Compliance – part IV – Compliance officer”
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News
15.12.2022
Amendment of the Consumer Rights Act
IMPLEMENTATION OF EU REGULATIONS EU directives concerning consumer rights and governing certain aspects of contracts for the provision of digital content and services as well as contracts for the sale of goods have been implemented into the Polish legal order with a significant delay. The law implementing the EU regulations, i.e. the Act of 4 … Continue reading “Amendment of the Consumer Rights Act”
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Compliance
News
09.12.2022
Compliance – part III – Who is affected by the compliance system and how it is implemented.
Who is involved in compliance? The compliance system is a system to prevent violations not only in the area of law, but also in the area of unfair practices or unethical behaviour. The concept of compliance is extremely broad. This means that the scope of application of a properly functioning compliance system is very complex … Continue reading “Compliance – part III – Who is affected by the compliance system and how it is implemented.”
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News
18.11.2022
Prohibition of advertising of aesthetic medicine
THE ORIGIN OF CHANGES The Medical Devices Act of 7 April 2022 has been in force since 26 May 2022. It adapts the Polish legislation to the new EU requirements and introduces provisions to enforce and apply the obligations under Regulation 2017/745 on medical devices (“MDR”) and Regulation 2017/746 on in vitro medical devices (“IVDR”). … Continue reading “Prohibition of advertising of aesthetic medicine”
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News
08.11.2022
#OZNACZAMREKLAMY – RECOMMENDATIONS OF THE PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION (UOKIK)
REASON FOR INTRODUCTION The recommendations of the President of the Office of Competition and Consumer Protection (UOKIK) concerning labelling of promotional content by influencers on social media were developed in order to organise the market for sponsored content on social media, so that internet users get a clear message as to what is an … Continue reading “#OZNACZAMREKLAMY – RECOMMENDATIONS OF THE PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION (UOKIK)”
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Compliance
News
28.10.2022
Compliance – part II – compliance system
A compliance system consists of several mandatory elements, without which its implementation may not be effective, and which include: a comprehensive audit, assessment of risk areas, Implementation of detailed procedures covering key risk areas, supervision and control of compliance with procedures – a Compliance Officer, employee training. AUDIT: The audit shall verify internal processes … Continue reading “Compliance – part II – compliance system”
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News
10.10.2022
Subsidiary’s membership in two groups of companies
Can a subsidiary belong to more than one group of companies? Can a company be a subsidiary of two parent entities? We will try to answer these questions in this article. When analysing the Accounting Act (hereinafter: “the Act”) in the context of groups of companies and the parent entities’ obligation to draw up consolidated … Continue reading “Subsidiary’s membership in two groups of companies”
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News
03.10.2022
Changes to the road traffic law – new fine classification and double fine rates
LEGAL BASIS As of Saturday, 17 September 2022, the provisions of the Regulation of the Minister of the Interior and Administration (MSWiA) on the records of vehicle drivers violating traffic regulations came into force. The changes include introduction of a maximum penalty of 15 points for the most serious traffic offences. These in particular affect … Continue reading “Changes to the road traffic law – new fine classification and double fine rates”
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Compliance
News
29.09.2022
Compliance – part I – introduction
We are pleased to provide you with the following article on the compliance system. You are highly recommended to read the text below. Our team has prepared for you a number of articles covering detailed issues related to the compliance system, which will soon appear on our website. You will be able to learn more … Continue reading “Compliance – part I – introduction”
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News
22.09.2022
Planned amendment to the Central Registration And Information On Business (CEIDG) Act
Central Registration And Information On Business (CEIDG) is a digital register of entrepreneurs who conduct business activities in Poland. It currently holds the data of 2.6 million entrepreneurs. They can also manage their affairs online thanks to a cooperation between CEIDG and the Biznes.gov.pl information and service website. By signing into your Entrepreneur Account you … Continue reading “Planned amendment to the Central Registration And Information On Business (CEIDG) Act”
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News
19.09.2022
European Parliament introduces new minimum wage rules
The European Parliament has enacted legislation on minimum pay for workers. This decision was taken by 505 votes in favour to 92 against, with 44 abstentions. Dennis Radtke (EPP, DE), said after the vote that: “The current situation clearly shows once again that we need a well-functioning, strong social partnership in Europe. Politics cannot give … Continue reading “European Parliament introduces new minimum wage rules”
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News
05.09.2022
Are high gas prices a case of ‘force majeure’ as referred to in the Civil Code?
The sudden surge in gas prices has prompted businesses to withhold the production of fertilisers, carbon dioxide and dry ice. Although the production was resumed fairly quickly, the situation could have a serious impact on the agriculture and food and pharmaceutical industries. In addition, companies in other sectors are also announcing production cuts due to … Continue reading “Are high gas prices a case of ‘force majeure’ as referred to in the Civil Code?”
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News
26.08.2022
Subsidies for electric cars – My electric car Programme
REASONS FOR THE POPULARITY OF ELECTRIC CARS In the era of rising car maintenance costs, the looming climate crisis and the announced EU climate package, more and more Poles are deciding to buy an electric car. Another factor that has a positive influence on this decision is the ‘My Electric Car’ programme, whose objective is … Continue reading “Subsidies for electric cars – My electric car Programme”
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News
22.08.2022
Amendment of the National Court Register Act
The Council of Ministers have adopted a bill amending the National Court Register Act and certain other acts, submitted by the Minister of Justice. The new provisions are to enter into force as of 1 December 2022. Currently, the bill is in the Sejm. The purpose of the amendment is to adapt the Polish legislation … Continue reading “Amendment of the National Court Register Act”
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News
19.08.2022
Pollution of the Oder and adverse efects for the tourism and catering industries
The environmental catastrophe on the Oder has had a huge impact on the activities of entrepreneurs in the tourism industry, among others, who have now been deprived of the opportunity to earn money. These are mainly entrepreneurs who usually operate on a seasonal basis and need to earn a living for the rest of the … Continue reading “Pollution of the Oder and adverse efects for the tourism and catering industries”
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News
16.08.2022
Compensation for a delayed train – when is it due?
CAUSE OF A PROBLEM The main reason for the problem that has been affecting railway stations across Poland in recent times is the rise in fuel prices and the holiday season which means high interest in travel. Trains are currently overcrowded, passengers are complaining of a lack of air conditioning which, in the current … Continue reading “Compensation for a delayed train – when is it due?”
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News
08.08.2022
Amendment to the Labour Code – delay in the implementation of EU directives
Significantly changing the rights and obligations of employers and employees as well as widely commented, planned amendments to the Act of June 26, 1974, the Labour Code, intended to implement EU directives (i.e. Directive of the European Parliament and of the Council (EU) 2019/1152 of June 20, 2019 on transparent and predictable working conditions in … Continue reading “Amendment to the Labour Code – delay in the implementation of EU directives”
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News
03.08.2022
Delayed or cancelled flight within the EU. When is compensation due?
CAUSE OF A PROBLEM The COVID-19 pandemic remains the main cause of airport chaos. The airlines, in the midst of its cost-cutting efforts due to pandemic, were forced to lay off staff, the effects of which we see today. Staff shortages, as well as strikes and protests of air traffic controllers or airline crews, who … Continue reading “Delayed or cancelled flight within the EU. When is compensation due?”
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News
18.07.2022
Revolutionary changes for online shops
By 28 May 2022, the European Union member states have been obliged to implement in their national legislation, the Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the … Continue reading “Revolutionary changes for online shops”
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News
15.07.2022
Consumer warranty – changes to the consumer rights act to be implemented in 2022.
The upcoming changes are related to the implementation of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ UE L 136 of 22.05.2019, page 1 and OJ UE L 305 of 26.11.2019, page 60; … Continue reading “Consumer warranty – changes to the consumer rights act to be implemented in 2022.”
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News
08.07.2022
Amendments to the Code of Commercial Companies – compulsory buyout and changes to taking the minutes of management board’s resolutions
This article discusses further important changes introduced by the amendment of the Code of Commercial Companies (hereinafter: the “CCC”). They mainly concern compulsory buyout and changes to taking minutes of the management board’s resolutions. COMPULSORY SQUEEZE OUT The amendment of the CCC stipulates that a subsidiary may request its parent company to buy out the … Continue reading “Amendments to the Code of Commercial Companies – compulsory buyout and changes to taking the minutes of management board’s resolutions”
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News
30.06.2022
USA – The end of the constitutional right to abortion
After nearly 50 years, on Friday 24 June, the conservative-dominated US Supreme Court abrogated the Roe vs. Wade ruling guaranteeing women’s right to terminate pregnancies – the verdict was passed by a vote of six to three. The US Supreme Court has considered that this ruling was a mistake, as the US Constitution does not … Continue reading “USA – The end of the constitutional right to abortion”
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News
24.06.2022
Draft act amending the act – Labour Code and some other acts
In connection with the implementation of the provisions of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, some changes will be introduced in terms of entitlements related to the exercise of parental and caring roles by … Continue reading “Draft act amending the act – Labour Code and some other acts”
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News
15.06.2022
The regulation introducing the ‘Pregnancy Register’ has been signed by the Minister of Health and will enter into force later in 2022.
The regulation introducing the ‘Pregnancy Register’ has been signed by the Minister of Health and will enter into force later in 2022. The creation of the draft regulation on the detailed scope of data on medical events to be processed in the information system and the manner and time limits for transferring such data to … Continue reading “The regulation introducing the ‘Pregnancy Register’ has been signed by the Minister of Health and will enter into force later in 2022.”
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News
03.06.2022
Amendment of the Commercial Companies Code – liability and rights of the members of management board and supervisory boards
This article discusses further important changes introduced by the amendment to the Commercial Companies Code (hereinafter: “CCC”). They regard mainly the members of management board, supervisory board or review panel. It is worth bearing them in mind, as the amendment implements rules of liability that are completely new for the Polish legal system. We know … Continue reading “Amendment of the Commercial Companies Code – liability and rights of the members of management board and supervisory boards”
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News
03.06.2022
Monkeypox is now an infectious disease in Poland – Regulations of the Minister of Health
I. WHAT IS MONKEYPOX AND WHAT ARE ITS SYMPTOMS? Monkeypox is a zoonotic infectious disease caused by the monkeypox virus (MPXV) in the Orthopoxvirus genus. In favourable conditions it can be transmitted between humans through close contact with infectious material from lesions of infected individuals, as well as via droplets in case of prolonged face-to-face … Continue reading “Monkeypox is now an infectious disease in Poland – Regulations of the Minister of Health”
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News
02.06.2022
New Property Development Act
In connection with recent changes in laws, we would like to indicate that a new property development act (act of 20 May 2021 on protecting the rights of buyers of residential abodes or single-family units and the Property Developer Guarantee Fund) will enter into force starting from 1 July 2022. The act will implement the … Continue reading “New Property Development Act”
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News
20.05.2022
Assistance to borrowers and changes in crowdfunding for business ventures
ASSISTANCE FOR LOAN BORROWERS High inflation that has been persisting over the recent period, the resulting increase in interest rates and rising mortgage instalments, has forced the search for new solutions to help mortgage borrowers. Consequently, the Government has adopted a bill on crowdfunding for business ventures and assistance to borrowers, which is expected to … Continue reading “Assistance to borrowers and changes in crowdfunding for business ventures”
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News
13.05.2022
End of epidemic state
Minister of Health Adam Niedzielski informed at a press conference that from 16 May the state of epidemic will be transformed into the state of epidemic emergency. The epidemic state was in force in Poland from 20 March 2020. According to the Act of 5 December 2008 on preventing and combating infections and infectious human … Continue reading “End of epidemic state”
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News
05.05.2022
Amendment on repealing the ban on evictions
We would like to present to you the significant changes concerning evictions that have been introduced recently. These may be of key importance for property managers and landlords in particular. On 14 April 2022, an amendment to the Law on Assistance to Citizens of Ukraine was published (Act of 8 April 2022 on amending the … Continue reading “Amendment on repealing the ban on evictions”
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News
29.04.2022
The Legal 500 2022
In the latest edition of the prestigious ranking “The Legal 500 Europe, Middle East & Africa 2022″ of 11 April 2022, JLSW Law Firm has been honoured once again. Law firms and individual lawyers from over 80 European countries, including Poland, are ranked in various categories. JLSW Law Firm 2022 is recommended in the area … Continue reading “The Legal 500 2022”
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News
22.04.2022
Amendment to the Code of Commercial Companies – groups of companies and binding instructions
Further to the previous article, which was published on our website on 14 April 2022, this time we would like to discuss in more detail the issues relating to groups of companies and binding instructions. The amendment of the Code of Commercial Companies (hereinafter: “CCC”) introduces the definition of a group of companies in Article … Continue reading “Amendment to the Code of Commercial Companies – groups of companies and binding instructions”
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News
14.04.2022
Amendment of the Code of Commercial Companies
On 4 April 2022 President Andrzej Duda signed the amendment to the Code of Commercial Companies passed by the Polish Parliament. The amendment is of significant importance for all limited liability companies. The changes implemented by the amendment will enter into force six months after the date of its publication. The amendment introduces into the … Continue reading “Amendment of the Code of Commercial Companies”
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News
07.04.2022
Will the current situation in Ukraine and the growing inflation rate trigger amendments to public procurement contracts?
The war in Ukraine is having a huge impact on numerous areas of our lives, private, professional and public ones. Entrepreneurs have already noticed a significant increase in the prices of products, fuels and other raw materials necessary for their businesses. In addition, entrepreneurs employing Ukrainian workers have got into a difficult situation overnight, due … Continue reading “Will the current situation in Ukraine and the growing inflation rate trigger amendments to public procurement contracts?”
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News
31.03.2022
Is this the end of the fifth wave of the pandemic? Summary of the abolishment of most restrictions and the remaining provisions of the ordinance issued on 25 March 2022.
The first cases of COVID-19 were detected in China on 17 November 2019. This triggered a series of events which had led to the official declaration of the pandemic by WHO on 11 March 2020. More than two years after the outbreak of the pandemic, under the Ordinance of the Council of Ministers of 25 … Continue reading “Is this the end of the fifth wave of the pandemic? Summary of the abolishment of most restrictions and the remaining provisions of the ordinance issued on 25 March 2022.”
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News
23.03.2022
The law firm’s participation in the “RES market – trends, regulations and practical problems” conference. Amendment of the RES act – change in the prosumer billing system.
On 16-17 February 2022, an online conference entitled “RES Market – Trends, Regulations and Practical Problems” was organised by MM Conferences S.A., a company based in Warsaw. The event featured a series of lectures on topics related to the renewable energy sources market, such as the legal conditions for the RES investment process, the support … Continue reading “The law firm’s participation in the “RES market – trends, regulations and practical problems” conference. Amendment of the RES act – change in the prosumer billing system.”
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No category
21.03.2022
Cash benefit for persons hosting Ukrainian citizens. Lifting the ban on eviction in case of lending premises, and facilitated conclusion of occasional lease agreements.
Last Saturday, President Andrzej Duda signed the act of 12 March 2022 on assistance provided to Ukrainian citizens in connection with the armed conflict in the territory of Ukraine. The new solutions have already entered into force and, as a rule, will be effective retroactively as of 24 February 2022. As we have already indicated, … Continue reading “Cash benefit for persons hosting Ukrainian citizens. Lifting the ban on eviction in case of lending premises, and facilitated conclusion of occasional lease agreements.”
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News
10.03.2022
Draft law on assistance provided to Ukrainian citizens in connection with the armed conflict on the territory of Ukraine. Easier legalisation of residence and access to the labour market.
This week the government has adopted a draft law on assistance provided to Ukrainian citizens in connection with the armed conflict on the territory of Ukraine. The regulations are intended to support the Ukrainian citizens who enter Poland directly from the territory of Ukraine in connection with the ongoing operations. The draft law sets out, … Continue reading “Draft law on assistance provided to Ukrainian citizens in connection with the armed conflict on the territory of Ukraine. Easier legalisation of residence and access to the labour market.”
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News
04.02.2022
Will the entrepreneurs obtain a legal tool to review the Covid passports? How do they have to deal with the situation presently ?
The entrepreneurs in the times of pandemics of coronavirus deal with many problems resulting from the provisions introduced connected with the current epidemiological situation. One of them is the issue of possibility to review the Covid passports in order to increase the above the statutory limit of a number of the persons taking part in … Continue reading “Will the entrepreneurs obtain a legal tool to review the Covid passports? How do they have to deal with the situation presently ?”
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News
04.02.2022
Is it possible to suspend the member of the management board of the limited liability company without authorisation of the meeting of shareholders on the company’s agreement?
We have pleasure to inform on recent success in our Law Firm! We had an opportunity to conduct the case with case law nature which completed with obtaining by our Client the favorable judgment in the case and stating the invalidity of the resolution of the meeting of shareholders of the limited liability company. … Continue reading “Is it possible to suspend the member of the management board of the limited liability company without authorisation of the meeting of shareholders on the company’s agreement?”
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News
30.11.2021
Is it permitted to gain access to personal data of subscribers using the Internet who infringe the author’s economic rights? Serious doubts on this issue will be resolved by the Supreme Court.
We are currently working on a case for one of our Clients regarding a call for information, where a controversial legal issue has arisen and has now been submitted for decision to the Supreme Court. The issue concerns providing access to subscribers’ data who infringe the author’s economic rights and is based on recently amended … Continue reading “Is it permitted to gain access to personal data of subscribers using the Internet who infringe the author’s economic rights? Serious doubts on this issue will be resolved by the Supreme Court.”
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News
23.11.2021
Protection of whistleblowers. The obligation of certain entities already 17 December 2021.
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law will impose a new obligation on businesses to have a ‘whistleblowing’ system in place already in December this year. The directive is commonly referred to as the ‘whistleblower directive’, … Continue reading “Protection of whistleblowers. The obligation of certain entities already 17 December 2021.”
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News
22.11.2021
The Legal 500 2021
The JLSW Law Firm has once again been recognised in the prestigious ranking of ‘The Legal 500’. For the year 2021, we have been recommended in the area of construction law. The Legal 500 is a prestigious, international ranking of law firms. For more than 30 years, based on an in-depth, factual analysis of conducted … Continue reading “The Legal 500 2021”
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