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Tag Archives: poland

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 Internet Photo of Jane Seager

.PL Registry lock service introduced

NASK, the organisation responsible for the Top Level Domain .PL (Poland), recently announced the introduction of a Registry Lock service for .PL domain names. Locking a domain name at the Registry level provides an added layer of security against domain name hijacking. Domain name hijacking occurs when an attacker gains unauthorised access to registration data for a domain name, thereby gaining administrative control over the domain.  This enables them to modify several elements of the domain name, including the website to which it resolves. The .PL Registry Lock service will work

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 Data Protection & Privacy Photo of Jakub Baczuk

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer sectors, with particular attention to certain profiling activities taking place in stores and shopping malls. The health sector inspections will be directed at healthcare professionals and clinics. The inspections will focus on the process of patient registration, the circumstances under which registration data is collected from patients, and the overall data security provided. The

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 Advertising, Broadcasting

Poland: New bill on the advertising of junk food to children

The Polish Ministry of Culture is currently working on a set of amendments to the laws on TV and radio broadcasting. The planned amendments will include a full ban on the advertising of unhealthy food to children under the age of 12. The amendments are yet to be approved by Parliament, but have already been deemed part of a general move, in Poland, aimed at limiting children’s access to products considered to be unhealthy and which lead to child obesity, as well as other related diseases. The Polish parliament has recently

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

Posted in Advertising, Broadcasting, Policy & Regulation

Poland: The self-regulation of major broadcasters and bill concerning the ban on junk food advertising

On 29 October 2014, a group of major Polish broadcasters, including TVN, Polsat, TVP (the Polish national broadcaster) and ITI Neovision entered into a self-regulation agreement on the advertising of foods and drinks to children below the age of 12. The agreement was drafted and executed in cooperation with representatives of the National Broadcasting Council (the Polish media regulator), and the Advertising Council (a reputable NGO dealing with ethics in advertising). The broadcasters undertook that from 1 January 2015 no programmes directed at children under the age of 12 can be

Posted in Broadcasting

Polish competition authority uncovers collusion in sports broadcasting

On 21 August, 2013, the President of the Polish Office of Competition and Consumer Protection (“UOKIK” ) fined pay-per-view (PPV) providers a total amount exceeding PLN 3.6 million for setting a minimum resale price for the PPV transmission of sports events. The UOKIK started antitrust proceedings in November 2012 and found that the license agreements concluded between the holder of the broadcast rights (Sportfive) and certain broadcasters (UPC Poland, Cyfrowy Polsat, Vectra, Multimedia Polska, Toya, Inea, Echostar Studio ZTS Tele 4, SGT, ZUA Antserwis, TK Antserwis and Asta-net Asta Group)