The Digital Markets Act or DMA (Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector), which entered into force on 1 November 2022, creates many new obligations for businesses operating in the digital sector, particularly so-called “gatekeepers.” The DMA will impact the functioning of the entire digital ecosystem—not only gatekeepers, but also other participants in digital markets, including business users and end users of core platform services, competing providers of core platform services ..read more

Regardless of whether we see benefits or an existential threat in the latest AI technologies, the gravity of the challenges these technologies bring is undeniable. Over the past few decades, technological advances have far outpaced reflections on their possible consequences. This need not and should not be the case. That technologies are not solely a source of good is becoming apparent today as we begin to perceive the destructive impact that certain digital technologies have on our democracies, security, and mental health. In the face of recent technological advances, such as artificial intel ..read more

The proliferation of remote work, combined with the development of monitoring technologies, has led employers around the world to implement various, sometimes technologically advanced methods to check employees’ performance and commitment to their work. In this area, IT solutions and programs commonly called “bossware” are gaining popularity. In practice, bossware can include a variety of solutions and technologies, such as: Keyloggers monitoring the employee’s use of the keyboard on a company computer Downloading and analysis of screenshots from the employee’s business device Tracking mouse ..read more

Entities transferring personal data outside the European Economic Area on the basis of standard contractual clauses that are no longer in force (where the transfer began before 27 September 2021) should conclude agreements based on new clauses by 27 December 2022. Under the General Data Protection Regulation, the transfer of personal data to “third countries” (outside the European Economic Area) is only permitted if the conditions set forth in the GDPR are met, i.e. generally when: The transfer is made to a country which the European Commission has determined provides an adequate degree ..read more

Blockchain and cryptocurrencies based on it continue to fire the imagination. It’s no surprise that more and workers, particularly in IT, are interested in being paid in crypto. But is it permissible in Poland to pay workers and contractors in this form? Crypto as a new employee benefit According to various estimates, there is a shortage of about 50,000 IT specialists in Poland. So there is a pitched battle underway on the market to recruit and retain experienced programmers, forcing companies to offer various benefits to attract IT talent. Meanwhile, in Poland and around the world, despite hu ..read more

Staking-as-a-service (StaaS) providers are steadily growing on the crypto-assets market along with the increasing popularity of decentralised networks based on the proof-of-stake consensus mechanism. The growing profile of StaaS providers also raises legal questions about the nature of these business models and the regulatory risk associated with them. In this article we examine one of these risks: the risk of treating the activity of StaaS providers as the activity of an alternative investment fund (AIF). Basics of staking As we discussed in previous articles on this blog (“Legal implications ..read more

It has long been obvious that within the next few years we would witness attempts to regulate the world of decentralised finance. As it turns out, one of the most revolutionary laws may be introduced through an amendment to an obscure regulation on information accompanying money transfers. I’m referring to the proposed changes to Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds—also known as WTR2. It is part of a broader package of regulations aimed at combatting money laundering and financing of terrorism. The ..read more

Last year regulators in the EU devoted a lot of attention to cookie files and other tracking technologies used on websites. This interest was generated among other sources by numerous complaints filed by NOYB—European Center for Digital Rights in the last year with data protection authorities, and has resulted in guidance and several decisions issued by regulators in recent months (e.g. in Austria, Belgium and France). Because they may shape the future approach of regulators to the use of cookies, it is worth discussing some of the main conclusions flowing from these decisions. Cookies and dat ..read more

The world pins high hopes on the development of artificial intelligence systems. AI is expected to generate huge economic and social benefits across various aspects of life and sectors of the economy, including the environment, agriculture, healthcare, finances, taxes, mobility, and public administration. The progressing development of AI systems is forcing the creation of appropriate legal frameworks, which on one hand should facilitate further growth of AI technologies but on the other hand should ensure adequate protection of persons using such systems and raise societal confidence in the o ..read more

On 30 November 2021, the Council of the European Union and the European Parliament reached a provisional agreement on the final wording of a draft Data Governance Act (DGA) (COM/2020/767 final). The aim of the proposal is to promote the availability of data and to build a trustworthy environment facilitating the use of data (both person and non-personal) for research and creation of innovative new products and services. It is also intended to create a legal framework for easier sharing of data and mechanisms facilitating re-use of certain data held by the public sector, including data involvin ..read more