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Public-private partnerships and concessions

We provide full-range legal assistance involving preparing and running undertakings carried out by public-private partnerships and under concessions for works and services. Our advisory is rendered to both public and private partners and we particularly:

  • develop entire legal structures for ventures based on the sector specifics of a given transaction,
  • analyse ventures in accordance with both Polish and EU laws, including state aid regulations, public procurement law, and also opportunities for ventures to be carried out using EU funds (hybrid ventures),
  • identify the optimum form for a venture and the investor selection procedure, including rules on setting up public-private companies,
  • advise on establishing structures for consortia of private entities and on relations with subcontractors or co-operating entities,
  • draw up tender documentation for the entire process,
  • develop negotiating strategy based on competitive dialogue rules or negotiating procedures,
  • run dialogues and negotiations,
  • draw up and negotiate public-private partnership agreements and concession contracts, and represent clients in appeals before the National Appeal Chamber and common and administrative courts.

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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: iod@dzp.pl.

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