TGC Corporate Lawyers Legal review – September 2024

Newsletter – changes in regulations and interesting decisions. September 2024

1. Internal reporting procedure for whistleblowers

On 25 September 2024, whistleblower protection regulations come into force. One of the new obligations for employers introduced by these regulations is to develop an internal reporting procedure for whistleblowers. The implementation of an effective procedure provides employees with a sense of security, which in turn can help to increase the detection of irregularities and prevent potential crises in the organisation.

What should the internal notification procedure contain? You will learn form an article by our expert, Piotr Kryczek

Read also an article, in which Piotr Kryczek, Counsel, TGC Corporate Lawyers for Rzeczpospolita explains, among other things, whether entrepreneurs can already start setting up internal notification procedures now or whether they should wait until the provisions of the Act come into force.

Want to learn more? Watch the recording of our webinar: Whistleblower protection – implementation of the provisions of the new Act

2. Defense Procurement

Over the past few years, it has been impossible to ignore the rapid growth in Polish defence and security spending. Both the previous and the current governments have made numerous, more or less spectacular and more or less controversial purchases of military equipment both in Poland and abroad. Therefore, and taking into account the fact that many new modernisation programmes are still waiting to be implemented, it is worth taking a closer look at the legal side of the organisation of defence procurement.

A full discussion of the topic on defence procurement is presented by our expert, Piotr Dudek.

Read the article

3. Assistance package for flood victims

Assistance package for flood victims launched. The government has introduced a number of solutions to support entrepreneurs affected by the flood. Flood-affected companies can benefit from, among other things, extended deadlines for the payment of VAT, PIT and CIT taxes and relief on the payment of ZUS contributions. Entrepreneurs in flood-affected areas can also apply for an extension of the deadline to pay Social Security contributions.

Moreover, a 0% VAT rate has been introduced for donations of goods and services given to flood victims. In addition, imports of, inter alia first articles intended for free distribution to persons in need by state organisations or authorised charitable or philanthropic organisations are exempt from duty.

Find out more about aid for flood victims here

4. Data governance project – public consultation underway

A public consultation on the draft Data Governance Act will last until 2 October 2024. The new legislation is intended to ensure the application of the EU Data Governance Act (DGA) in Poland.

DGA is introducing, among other things, horizontal rules for the sharing of personal and non-personal data. The regulations under development will help entrepreneurs to voluntarily donate their data for altruistic purposes. The draft is available on the website of the Public Information Bulletin of the Ministry of Digitalisation and on the website of the Government Legislation Centre.

5. CJEU: Notary does not violate sanctions against Russia

The CJEU has ruled in a case (C-109/23) on the official characterisation by a notary public of a contract for the sale of real estate belonging to a legal person established in Russia. The CJEU ruled that the involvement of a notary in the sale of real estate belonging to an unlisted Russian company does not violate the sanctions against Russia. The court also emphasised that by making an act or document official, the notary is not providing legal advisory services.

Judgment of the Court (Second Chamber) of 5 September 2024, GM and ON v PR is available here

6. Webinar: ESG in your company – last call!

We invite companies that are already subject to non-financial reporting obligations, as well as those that just need to start it because their clients, partners or financial institutions require it, and all companies that seriously think about sustainability to join our ESG webinar.

Date and place: 8 October 2024, 11.00 – 12.00, online
Registration

Prefer live meetings? Register for our ESG breakfast!

Wrocław:
17 October 2024, 9:30 – 11:30
PURO Wrocław Old Town, Włodkowica 6

Legnica:
18 October 2024, 9:30 – 11:30
Legnica Special Economic Zone, Rycerska 24

Check also: ESG – sustainability advisory services