Today’s reality is a regular minefield for most businesses. As lawyers we keep a close eye on trends and changes in the business environment. We sense, see, think, and analyse. And we connect the dots.
The year 2022 will not be remembered fondly in the cryptocurrency market. There are several reasons for this. The progressive decline in the value of coins, the problems of the FTX exchange and the collapse of trust are all raising questions about the future of crypto. Can regulating the crypto-asset market be a panacea for the market’s ills?
The Digital Services Act is undoubtedly a key piece of EU digital legislation. The significance and potential impact of the DSA Regulation is compared by some to the GDPR. While this comparison is not an exact match, the DSA will, like the GDPR, find direct application in EU Member States.
Shareholders often disagree with each other on how their company should be managed and controlled, and the direction and strategy it is taking. Differing views may be beneficial to a business, but disagreement, potential deadlock and an inability to make important decisions can be severely damaging to the company (and, in the long run, to shareholders).
NFTs may infringe trademark protection rights, as the Court of Rome has ruled in a case involving Juventus F.C., the legendary football club. This undoubtedly ground-breaking verdict will set the tone for rulings rendered in similar cases by other EU courts.
The Public Procurement Office has published a legal opinion outlining the rules for the correct completion of the European Single Procurement Document (ESPD) with regard to the grounds for exclusion from the procedure due to non-performance or improper performance of a contract. The Office stated that economic operators are not obliged to inform the contracting authority of every contractual penalty imposed on them in the past. So which penalties must be mentioned in the ESPD, and which may be omitted?
The exemption from dividend withholding tax provided for in Article 22(4) of the CIT Act has repeatedly aroused controversy among taxpayers due to its inconsistent interpretation by tax authorities and administrative courts.
On 19 October 2022, the Polish Financial Supervision Authority (KNF) adopted Recommendation A on derivative activity risk management by banks, which have replaced the previous 2010 recommendation.
Artificial Intelligence (AI) is at the heart of the EU’s strategy for creating a digital single market. In this context, a number of EU legal documents have been emerging for several years, such as the White Paper on Artificial Intelligence of February 2020 or the European Parliament’s resolutions on ethical framework, civil liability and intellectual property rights for AI of October 2020.
On 13 October 2022, the Act amending the Commercial Companies Code and certain other acts (the “Act”) entered into force. The following is a summary of the most significant changes and the effects they may have, including those which may turn out to be problematic for management boards of subsidiaries.
