Hogan Lovells (JD Supra Poland)
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Poland enacts new measures in response to COVID-19
This week new facilitations and limitations in connection with COVID-19 were introduced in Poland. They include the exemption from taxes on import and intracommunity purchase of selected goods and a new ban on the export of selected goods.
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Key provisions of The Polish Law on Special Measures for COVID-19 and Crisis Prevention from the real estate perspective
On 28 March 2020, the lower chamber of the Polish Parliament (Sejm) enacted an amendment to the Law on Special Measures for COVID-19 and Crisis Prevention (hereinafter referred to as the Amendment). With reference to the real estate business, the following provisions of the Amendment are of particular relevance. Please see full Publication below for more information.
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The impact of coronavirus on the insurance regulations and regulators' practice in Poland.
Polish Financial Supervision Authority published Supervisory Stimulus Package for Security and Development to support the resilience and maintain the stability of the insurance industry in Poland.
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Companies in quarantine - a potential breakthrough in remote board meetings - UPDATE
One of the many challenges we are facing as a result of the COVID-19 are disruptions in functioning of board meetings and decision-making processes in companies.
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90% Rent Reduction for Tenants in Shopping Centers? - Poland
The Polish government has submitted an amendment to the Law on Special Measures for COVID-19 and Crisis Prevention which, among other things, stipulates a temporary 90% rent reduction for most tenants in shopping centers.
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COVID-19 and the terms of existing contracts
The “business as usual” strategy, as adopted by many market players, allows for the minimisation of negative consequences and the avoidance of destabilisation. Nevertheless, with regard to administrative measures imposed by the authorities, we have received queries from our clients as to whether the epidemiological situation could impact the terms of existing business agreements.
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COVID-19 in Poland: Tax alert no. 2
In the face of the global COVID-19 pandemic, we would like to convey to all our clients and their families expressions of support and solidarity. The current situation requires action to be taken primarily to protect the health of our clients and colleagues.
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COVID-19 in Poland: Tax alert no.1
In anticipation of the draft government shield package for entrepreneurs, we present below the tools resulting from applicable regulations that you can use already today to eliminate the negative economic effects of the spread of COVID-19 disease in Poland and in the world.
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A summary of polish legislation and of the guidelines of authorities concerning covid-19 in the context of data protection
To meet your questions and concerns related to maintaining the principles of personal data protection in the face of the global COVID-19 pandemic, we have prepared a short guide to the key legal regulations and guidelines of authorities that you should keep in mind not only when conducting business and professional activity but also in everyday life.
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Coronavirus – Q&A and practical instruction for employers in Poland
This Sunday, March 8 2020 the Act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and emergencies caused by them (the " COVID-19 Act") entered into force.
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Offshore wind farms (OWF) – an update from Poland
With costs coming down, a pre-existing supply chain, and other sites being developed nearby, Poland is well placed to develop and build a large-scale offshore market. Investors with know-how and experience in this field are attracted to the business opportunities available by joining the most advanced projects as joint venture partners, acquiring on-going projects, or securing the area and...
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Poland: Implementation of the EU rules on falsified medicines
The new law implementing the EU rules on falsified medicines which has been applicable since February 2019 (Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use – ?EU Regulation?) will enter
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First Fine Imposed by the Polish DPA Under the GDPR
The President of the Personal Data Protection Office in Poland (Polish DPA) imposed a fine amounting to PLN 943,470 (approximately EUR 220,000; approximately USD 245,977) for failing to fulfil the company’s transparency obligations towards over six million data subjects under Article 14 of Europe’s General Data Protection Regulation (GDPR).
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Poland: impact of a no-deal Brexit scenario on biocidal products’ data changes, and the validity of parallel import licences for medicinal products
The President of the Polish Office for the Registration of Medicinal Products, Medical Devices, and Biocidal Products issued two more Brexit related communiques.
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Polish Patent Office publishes guidelines on new types of trademarks
Following the enactment of the Act amending the Industrial Property Law of 20 February 2019 which implements the Directive of the European Parliament and of the Council (EU) 2015/2436 of 16 December 2015, the Polish Patent Office (PPO) has recently published guidelines (in Polish) concerning new types of trademarks.
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Poland: New Medical Research Agency
On Monday, March 4, the President signed a bill on the establishment of a new institution, the Medical Research Agency (ABM). The new Agency will be a specialized body of experts who will work on innovation in Polish medicine, focusing on areas related to oncology, haematology and rare diseases.
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Poland: official position of the competent authority on consequences for medical devices in the event of a no-deal brexit
On 1 March 2019, the President of the Polish Office for Registration of Medicinal Products, Medical Devices and Biocidal Products issued yet another communique concerning consequences of Brexit, this time with respect to the medical devices.
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Life Sciences in Poland: Post-registration changes in case of no-deal
On 25 February 2019[1], the President of the Polish Office for the Registration of Medicinal Products, Medical Devices, and Biocidal Products issued a communique concerning the necessary post-registration changes in the event of a “no-deal” Brexit.
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Post-registration changes in case of no-deal Brexit
On 25 February 2019[1], the President of the Polish Office for the Registration of Medicinal Products, Medical Devices, and Biocidal Products issued a communique concerning the necessary post-registration changes in the event of a “no-deal” Brexit.
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Poland: credit scoring in danger?
A draft act on adjusting the Polish legal system to the provisions of the GDPR is under way in the lower house of the Polish Parliament (Sejm).
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The Polish Constitutional Court limits the right of information under the Enforcement Directive: Part 2
On 6 December 2018 the Polish Constitutional Tribunal found that the right to request information on the origin and distribution networks of the goods or services which infringe an intellectual property right from persons other than the infringer is contrary to the Polish Constitution.
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Effects of Brexit on medicinal products in Poland
The President of the Office for the Registration of Medicinal Products, Medical Devices, and Biocidal Products (URPL) estimates that approximately 20% of all the 10,000 medicinal products registered in Poland will be affected by the effects of Brexit.
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Effects of Brexit on reimbursement decisions concerning medicinal products in Poland
The President of the Office for the Registration of Medicinal Products, Medical Devices, and Biocidal Products (URPL) estimates that approximately 20% of all the 10,000 medicinal products registered in Poland will be affected by the effects of Brexit.
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The Polish Constitutional Court limits the right of information under the Enforcement Directive
Polish law provides for the right of information on the origin and distribution networks of the goods or services which infringe an intellectual property right, as dictated by the Directive 2004/48/EC on the enforcement of intellectual property rights.
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Tax Newsletter - 18 July 2018
Changes of tax regulations - VAT: Split Payment - On 1 July 2018, amendments to the VAT Act entered into force which introduced the so-called split payment mechanism.
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The Warsaw office of Hogan Lovells represents the Malta Foundation in a dispute with the Ministry of Culture regarding the limits of freedom of speech
Based on the agreement between the Malta Foundation and the Ministry of Culture, the Ministry committed itself to co-finance the theatre festival organized by the Foundation over the years 2016 to 2018. The Ministry unjustly refused to pay the grant for 2017, therefore breaking the provisions of the contract.
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Tax newsletter - 6 June 2018
Court decisions in tax-related cases: In an individual interpretation dated 21 May 2018, (no. 0111-KDIB1-1.4010.68.2018.3.BS), the Head of the National Fiscal Information Office declared that the tax on commercial properties is to be paid irrespective of the area of a building used for lucrative purposes...
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Intangible services acquired from affiliated entities - limitation in the treatment of expenses incurred as revenue generating costs
On 1 January 2018, the amendments to the CIT Act entered into force. As pointed out in the explanatory memorandum to the bill, the principal objective of the introduced changes is the closer monitoring of the Corporate Income Tax, as a result of which the amount of the tax to be paid, in particular by large international entities, is to be more closely linked with the actual place of income...
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Changes in the Act on the National Court Register
On March 15, 2018, the Act amending the Act on the National Court Register and other Acts entered into force. This Act introduces revolutionary changes that will have long-term effects on business in Poland.
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Tax Newsletter - April 2018 #2
Legislative changes - The Constitution of Business - On 30 April 2018, the so-called Constitution of Business enters into force (with the reservation of a small number of provisions entering into force at later dates). The Constitution of Business is a packet of five Acts, newly regulating the domestic trade market, which key Act is the one dated 6 March 2018 - the Traders’ Act. Please...