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.
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.
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.