What's new at DZP?
From 1 January 2017, under the Preventive Vaccination Plan, all new-born babies in Poland are given the anti-pneumococcal vaccination. Consequently, at the end of Octobert he Public Procurement Department at the Ministry of Health announced a tender for the vaccines. In view of the scope of the supply (all new-born babies), the procedure conducted was the first of its kind in Poland.
The winning bid was that submitted by GSK Services sp. z o.o., advised by DZP. The bidder that took second place, PGF Urtica sp. z o.o., questioned the decision by filing an appeal with the National Appeal Chamber (NAC).
On 13 December the NAC dismissed PGF Urtica's appeal against the tender result, thereby confirming that GSK Services' bid had been duly selected, enabling a contract to be signed between the Ministry of Health Public Procurement Department and GSK. The NAC decision was not challenged by way of an appeal to a regional court.
DZP advised the winning bidder during both bid preparation and the appeal proceedings before the NAC.
Lawyers involved in the project were: Katarzyna Kuźma (Partner) and Michał Wojciechowski (Senior Associate) from our Public Procurement Team, and Michał Czarnuch (Partner) and Marcin Pieklak (Associate) from our Life Sciences Practice.
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: email@example.com.
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