Where will I find accessible legal information?
DZP's media centre.
The value of the Polish public procurement market is about PLN 200 billion (about EUR 45 billion) per year. It is responsible for as much as 8.75% of gross domestic product. On 1 January 2021, a new law regulating public procurement comes into force: the New Public Procurement Law (the NPPL).
It should first be noted that the adoption of the NPPL does not mean a revolution on the public procurement market, as national laws, including Polish law, must comply fully with the European procurement directives: Directive 2014/24/EU (classical directive) and Directive 2014/25/EU (utilities directive). The Polish legislator originally decided to implement the European directives by amending the existing law, but the time has now come to adopt the NPPL. Although the NPPL is hardly revolutionary, the changes that come into force on 1 January 2021 are not purely cosmetic. This is because the Polish legislator has decided to implement some of the proposals made by public procurement market participants, which is obviously a positive development. First of all, one of the main concepts of the NPPL is to emphasise that not only the contractor, but also the contracting authority is responsible for the performance of a public contract. To this end, a number of regulations have been introduced to ensure that the parties cooperate in contract implementation. Among them, it is worth noting the mandatory mechanisms for adjusting contractors’ remuneration, the introduction of maximum contractual penalties and the creation of a list of prohibited clauses that could disturb the contractual balance. The latter aspect will be the responsibility of the President of the Public Procurement Office and the list of prohibited clauses will be drawn up on the basis of rulings of the National Appeal Chamber and the Public Procurement Court, a newly created unit specialising in tender procedures.
The NPPL introduces significant changes applicable not only at the contract performance stage, but also during the preceding public procurement procedures. One of the most important changes is the introduction of fully electronic tender procedures: from 1 January 2021, all tenders will have to be submitted in electronic form. This requires contractors, especially those who do not have facilities in Poland, to prepare for this situation, e.g. by obtaining qualified electronic signatures for the decision-makers in their companies. They should also familiarise themselves with the purchasing platforms used by contracting authorities on a daily basis.
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.
New rules on cookies: Domański Zakrzewski Palinka sp.k., as the service provider of the www.dzp.pl website, stores and accesses cookies, i.e. small text information fles sent by a web server and stored on your hard drive, or other data storage medium of a user, for the purposes of: proper functioning of the www.dzp.pl website, confguring the www.dzp.pl website, security and reliability of the www.dzp.pl website, session monitoring, providing advertisements, personalization of the displayed information to the user, or analysis, statistics, research and website trafc auditing.