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On 24 November the Constitutional Tribunal ruled that the regulation based on which payments are made in the form of overnight allowances for international transport drivers is not compliant with the Polish Constitution, thereby upholding the stance taken in the case by DZP's lawyers. The application for a ruling on whether article 21a of the Act on Drivers' Working Time is constitutional was filed in February 2015 by the "Transport & Logistics Poland" Employers' Association.
The challenged regulation meant that professional drivers were subject to the same regulations as public sector workers for whom business trips are not usually a basic duty. The interpretational doubts in this respect caused serious turmoil on the market. Employers were flooded with a wave of claims from drivers, demanding high overnight allowances for spending the night in their cabs on international trips. A different interpretation of the issue was made by, e.g. the Supreme Court. The situation therefore posed a business risk for the entire sector.
DZP's lawyers applied for the legal norm arising from the cited and inter-related provisions to be found incompliant with, e.g. article 2 of the Polish Constitution, laying down the democratic rule of law principle. The Constitutional Tribunal upheld this stance and indicated that the normative structure adopted in the questioned provisions had led to unforeseen legal effects of measures taken based thereon by their addressees, thereby breaching the principle of confidence in the state and the laws enacted therein.
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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