Header graphic for print
Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Ewa Kacperek

Posts by Ewa Kacperek
Posted in Data Protection & Privacy, Internet, Policy & Regulation Photo of Ewa KacperekPhoto of Weronika Wolosiuk

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. 1.         COVID-19 Act Decisions, orders, recommendations and guidelines addressed to legal entities and entrepreneurs The Act of 2 March 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other

Posted in Data Protection & Privacy Photo of Ewa KacperekPhoto of Weronika Wolosiuk

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). This is the first fine imposed by the Polish DPA under the GDPR and Poland’s Act on Personal Data Protection of 10 May 2018 implementing the GDPR. The decision provides some limited insights into the interpretation of the term “disproportionate effort”

Posted in Data Protection & Privacy Photo of Jakub BaczukPhoto of Ewa Kacperek

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). The draft act contains, among others, provisions amending the rules for processing personal data by banks, credit institutions, loan companies and other entities regulated by Polish banking law. Particular controversy has been caused by the government’s proposal to limit the scope of data on which the credit risk scoring may be based, to only those categories of data which are expressly indicated in

Posted in Copyright Photo of Ewa KacperekPhoto of Jakub Baczuk

Hosting providers in Poland – controversial judgement on active monitoring of content

On 27 May the District Court in Cracow ruled that chomikuj.pl, a hosting provider with over 5 million users, is obligated, once a month, to monitor the Internet through keyword searches for content uploaded by users, with respect to three Polish films “Dzień świra”, “Katyń” and “Wenecja”. Chomikuj.pl will be required to block access to all pirated files which appear on the first five pages of the search results as files uploaded to chomikuj.pl. The main objection against chomikuj.pl was that it did not act as regular hosting provider, but

Posted in Copyright Photo of Ewa KacperekPhoto of Aleksandra Kuc

Poland – Punitive damages for copyrights infringement declared unconstitutional by Constitutional Tribunal

The Polish Copyright and Neighbouring Rights Act gives the injured party an option to claim from the copyright infringer triple the value of license fees if the infringement was culpable. The value of the license fees is calculated on the basis of the market standard in similar cases. On 23 June the Polish Constitutional Tribunal found that provision to be unconstitutional. The decision was made upon a request filed by UPC – one of largest digital cable television providers in Poland. The request was made in the context of a

Posted in Policy & Regulation, Telecoms & Broadband Photo of Ewa KacperekPhoto of Jakub Baczuk

Poland: New consent for direct marketing required due to changes in the Telecommunications Law

On 25 December 2014 a new law on consumer protection will come into force in Poland that may complicate the rules for direct marketing in that country. One of the changes to be introduced under this new regulation is an amendment of the Telecommunications Law supplementing the current implementation of Directives 2002/65/EC, and 2002/58/EC with respect to direct marketing. The supplementation, however, seems to go further than the objective set out in the Directives. Currently, automated calling systems can be used for the purposes of direct marketing only after obtaining the end