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A new draft of the Act on the Liability of Collective Entities (ALCE) was published on 5 September 2018. It imposes further obligations on collective entities and tightens up the rules for their liability under the new provisions.
What entities and actions does the Act concern?
The new Act will apply to all legal persons, commercial companies, capital companies, commercial companies with state participation, local authorities, and entities in organisation and liquidation.
A collective entity will be liable for all offences committed in connection with the activity it conducts due to the actions and omissions of its bodies or a member of its bodies, or failure by the same to observe the required precautions. A collective entity will also be liable for all offences committed in connection with the activity it conducts by: (i) persons authorised to represent it, and for decisions taken or supervision exercised on its behalf; (ii) persons authorised to act by a body or a member of a body of the collective entity, and (iii) its employees in connection with performance of an employment contract.
Additionally, if a collective entity, even indirectly, gains a financial benefit from an offence, it will also be liable for the actions of its subcontractors, employees, and persons authorised to act on its behalf and in its interests.
Full content of the legal alert is available in attached PDF.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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