Publications

As part of an article on contractual models within the IT industry, I pointed out that two basic contractual models are used as standard in IT: the work contract model and the service contract model. Each of these models provides for different consequences and places different obligations on the parties. Also linked to contract models in IT are the topics of the two leading project methodologies – agile and waterfall. In this article, I will focus on identifying the main advantages and disadvantages of each of these methodologies.

Entities obliged to apply the provisions of the Anti-Money Laundering and Countering the Financing of Terrorism Act (hereinafter AML Act) must design and implement a procedure referred to as KYC (Know You Customer). What is the relationship of KYC to AML and how to properly implement KYC in your business?

The crypto-asset market remained largely unregulated at Community level for many years. This caused the financial market supervisory authorities of individual Member States to look for analogies in the existing legislation on their own. Unfortunately, this meant that many mechanisms escaped the legislature’s cognisance. Regulation 2023/1114 of the European Parliament and of the Council on cryptocurrency markets has changed a lot in this regard. What does the entry into force of the MiCA (Markets in Crypto-assets) Regulation entail?

The EU’s Network and Information Systems Directive 2 (NIS-2) updates cyber security requirements in relation to NIS1. This is a hot topic especially now that the number of cyber attacks is increasing year on year. Who is required to implement NIS2 and what exactly is changing?

Foundations are an important part of the third sector of the economy. Their main task is to pursue socially or economically useful objectives. To a limited extent, they also have the possibility to carry out economic activities. However, the status of foundations is specific, hence the frequent doubt that arises on the part of the founder regarding the processing of personal data. Can foundations process personal data and how should they protect it?

It may seem that being a member of the board of directors of a limited company is all about perks. However, while the position is indeed usually followed by a number of benefits and attractive remuneration, strict liability should not be overlooked. Perhaps it is then better to become a proxy in a limited liability company? We explain the liability of a board member and a proxy in a limited liability company.

Foundations, like associations, are entities belonging to the so-called NGO’s (Non-Governmental Organisations) sector. Their primary objective is to achieve socially useful goals. Can this legal form be used to make money, and if so, under what conditions?

In an era of exponentially growing demand for experienced specialists in various fields, access to developers, digital marketers, lawyers is crucial for gaining and maintaining a competitive advantage in the market. However, when professionals start to become scarce, companies look for a way to ‘poach’ such an employee from their rivals. We explain what employee poaching is, whether it is legal and, above all, how to effectively defend against it.

A professional partnership in Polish law is a specific type of partnership, reserved for persons engaged in the so-called free profession. Its regulation in the Code of Commercial Partnerships and Companies is quite short, but it partly refers to the provisions defining the principles of operation of a limited liability company, as well as a general partnership. For this reason, the liquidation procedure sometimes raises doubts. How does the liquidation of a professional partnership proceed and what is worth knowing about it?