| In Principle

A year ago we reported that an amendment to the Public Procurement Law required contractors and subcontractors to hire workers under an employment contract if they fell under Art. 22 §1 of the Labour Code. But it was not clear how contracting authorities could check whether contractors were complying with this requirement without infringing the personal data of the contractor’s staff. These doubts have now been resolved in a joint opinion issued by the president of the Public Procurement Office (UZP) and the Inspector General of Personal Data Protection (GIODO).

The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.

Changes to the EU’s trademark regulations entered into force on 1 October 2017, recognising for the first time multimedia marks combining image and sound. They may consist for example of animations launched in mobile devices or apps, jingles from film studios, brief video clips, and so on.

Can the scope of authority of the representative of a foreign undertaking in a Polish branch be limited in practice to comply with the principal’s expectations?

Linie lotnicze często anulują bilet, jeśli podróżny nie stawił się na lot w pierwszą stronę lub na lot na pierwszym odcinku podróży. Czy taka praktyka jest zgodna z prawem?

10 października wystartował blog newtech.law. Znajdą się na nim teksty dotyczące nie tylko prawnych, ale również etycznych, kulturowych i społecznych aspektów nowych technologii.

A new item has been added to the extensive catalogue of the firm’s publications. In our Outlook on law and business in Poland we discuss trends in changes in the law, such as increased regulatory pressure and increased penalisation of commerce. These are illuminated by concrete examples from practice and conclusions concerning the consequences of these phenomena that can be expected to occur or are already happening.

Will AI replace lawyers and judges or simply change the way they work and think about the law?

A member of the supervisory board of a limited-liability company may be delegated to act as a member of the company’s management board. How should this be handled effectively, and what should be expected?

During the course of construction projects, issues often arise involving additional work or substitute work. Contractors perceive even minor departures from the original plans as additional work and demand an increased fee, while investors not only expect all their instructions to be followed within the agreed price, but treat any opposition by the contractor as a breach of contract. This dynamic works similarly between the general contractor and subcontractors. But the realities of the real estate development process often require work to be done even when the parties take different views of the work and do not sign a separate contract covering it. Is an additional fee nonetheless owed for performing such work?

Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected?

CJEU Advocate General Melchior Wathelet issued his opinion in C-284/16 Achmea on 19 September 2017. He takes the view that the existence of bilateral investment treaties between member states is compatible with EU law.