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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, International/EU privacy Ewa KacperekWeronika 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 … Continue Reading

Posted in Data Protection & Privacy Jakub BaczukEwa 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 … Continue Reading

Posted in Copyright Ewa KacperekJakub 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 … Continue Reading

Posted in Copyright Ewa KacperekAleksandra 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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Ewa KacperekJakub 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 … Continue Reading