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In its recent judgment C-311/18 (Schrems II) the Court of Justice of the European Union (CJEU) undermined, to a certain extent, the principles established in previous years for the transfer of personal data outside the EEA, in particular to the US. Many exporters, i.e. controllers and processors transferring data to third countries, were surprised by the verdict and left in confusion. Fortunately, the European Data Protection Board (EDP) came to the aid and adopted recommendations on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data.

The two major issues in Poland at the moment, according to Agnieszka Pytlas, Managing Partner of Penteris in Warsaw, are the lockdown necessitated by the second wave of the Covid-19 crisis and the ongoing protests against a ruling by the country’s top court in October that amounted to a near-total ban on abortion.

Polish Parliament is currently working on changes to tax law imposing a 19% corporate income tax on limited partnerships. The changes, which will enter into force in 2021, are meant to tighten up the tax system and curb international tax optimisation. Unfortunately, even a cursory glance at the current ownership structure of limited partnerships in Poland will tell us that the proposed solutions will be felt mostly acutely by Polish entrepreneurs.

Over thirty years ago, journalists reported that a chemical had been released into the water pipes of Durand, Michigan. They warned citizens that the chemical DHMO could accelerate corrosion and in certain situations even cause suffocation. The city’s inhabitants were beside themselves in panic.

On 19 September 2020, an important amendment to the Polish Building Act came into force introducing some interesting changes to the construction process, as briefly described below.

On 16 July 2020, the Court of Justice of the European Union (CJUE) issued a landmark judgment in case C-311/18 (Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems), in which it concluded that Decision 2016/1250 on the adequacy of protection provided by the EU-US Privacy Shield is invalid.

The new Covid-19 Act still forces businesses to file registry applications and pleadings in paper form with handwritten signatures, using a universal postal service provider.

Based on the Cabinet Regulation of 2 May 2020 imposing specific restrictions, obligations, and prohibitions in connection with the state of epidemic, as of 4 May 2020, shopping centres with sales or service areas exceeding 2,000 m2 can reopen, subject to the following restrictions:

Even as the solutions adopted by the Polish Parliament in an attempt to mitigate the negative consequences of Covid-19 do not introduce many significant changes as far as the financing sector is concerned, some of the amendments concerning business financing are certainly noteworthy.

Even though the law on the obligatory dematerialization of shares in unlisted joint-stock companies and joint-stock limited partnerships enters into force on 1 January 2021, some of its provisions have been in force since 1 January 2020, requiring, for instance, that such companies and partnerships maintain websites with space dedicated to communicating with their shareholders.

On 31 March 2020, the so-called Anti-Crisis Shield entered into force, introducing solutions that are to mitigate the negative effects of Covid-19 on the economic situation in Poland. What follows is an outline of the main tax solutions made available by the new law, along with steps that eligible businesses can take to receive particular types of support.

On 31 March 2020, the Polish parliament passed the Covid-19 Act (the “Act”). In its final form, the new law differs somewhat from the draft of the so-called Anti-Crisis Shield dated 21 March 2020 that we have previously reviewed, most notably in the way it regulates the issue of commercial lease agreements.

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Penteris at a Glance

Penteris is a law firm combining in-depth expertise, robust advice, and a pan-regional reach.

We provide full-service business law advice within five sector lines: Energy & natural resources, Financial institutions, Private equity, Real estate, and Retail.

On the market since 2001, we were originally part of a Scandinavian law firm and then a founding office of a pan-Baltic organisation.

Our attorneys will work closely with you, providing you with the hard skills, service-minded know-how, and legal expertise that will keep you secure while you lead the market.

Our skills are at your disposal:

  • Expertise and passion wrapped up in a personal service
  • Close-knit team providing a multidisciplinary approach
  • Ability to listen, understand, and deliver for the tangible benefit of the client.

The team continues to be internationally recognised year on year, most recently by Chambers Global 2019, Chambers Europe 2019, and The Legal 500 EMEA 2019.

Firm's website: https://penteris.com