| In Principle

Less than two weeks ago the Act of 13 April 2018 Amending the Civil Code and Certain Other Acts reached the desk of the President of Poland. The act has become the subject of debate, as it calls for shortening of the general limitations periods for claims and modifies the ability of enterprises to pursue claims against consumers after the limitations period expires. There is also a change in execution procedure affecting the ability to conduct electronic attachment of the debtor’s bank account.

An amendment to the Polish Unfair Competition Act extends the legal protection given to trade secrets. But information known to or easily attainable for people in a particular sector or familiar with a particular subject will not constitute trade secrets even if the information is not disclosed to the general public. Labelling it “confidential” might not be sufficient.

Once the Unfair Competition Act is amended, will a nondisclosure obligation have to be provided for explicitly in an employment contract when an employee leaves?

Protection of confidential information is not absolute and is subject to limitations, for instance where there is a public interest. Subject to certain conditions, a person who has a nondisclosure obligation may lawfully use the entrusted information despite the confidentiality obligation. At the moment there is no all-embracing regulation on this issue, but this may change soon.

As information technology and the knowledge-based economy develop, trade secrets are increasing in importance. At the same time, theft of trade secrets and losses for the economy due to this problem are increasing. In recent years legislators have taken measures to modernise and strengthen the protection of trade secrets.

The principle of a two-instance system is a fundamental principle in public authority proceedings. At times this principle is severely limited, and at times merely fictitious.

Amendments to the National Court Register Act which came into force on 15 March 2018 make it compulsory to register addresses for correspondence of persons associated with Polish companies with the National Court Register.

Technological advance and resultant socio-economic “revolutions” have always triggered significant developments in international economic law.

Three repealed acts, 189 amended acts, and five new acts, one containing recitals, form the Constitution for Business—the comprehensive legislative package regulating business activity in Poland.

On 30 April 2018 new laws take effect bringing to an end the long dispute over the types of businesses allowed to appoint commercial proxies. Ultimately, businesses that are natural persons will be able to appoint commercial proxies.

From 30 April 2018 the main guidelines concerning regulated business activity can be found in the new Business Act. The number of regulatory provisions affecting business activity in Poland will not decrease, but they will be spread more widely across industry-specific regulations. There are also changes favourable to business.

A new law that comes into force on 30 April 2018 combines two acts regulating the operations of foreign businesses in Poland into one, and at the same time makes certain changes.