New "Fee" from Media Streaming Giants: Support for Polish Cinema or a Hidden Digital Tax?
Wardynski & Partners, May 2020

On 28 April 2020 a government bill including the proposed “Anti-Crisis Shield 3.0” was filed with the parliament. One of the proposals is to amend the Film Act to require providers of on-demand audiovisual media services to make quarterly payments to the Polish Film Institute equal to 1.5% of their revenue from fees for delivering content or for transmission of commercial messages, whichever figure is higher in agiven payment period. The duty to pay the new “fees” would enter into force on 1 July 2020...

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Protection of Investments during the Pandemic
Wardynski & Partners, May 2020

The COVID-19 pandemic is paralysing the global economy, but it is not the virus itself preventing businesses from operating. States seeking to protect their citizens against danger are introducing unprecedented limitations on civil rights and freedoms, rendering operations in some sectors of the economy impossible. In other sectors, business has become more burdensome, costly or risky. This has generated aheated debate over who should bear the financial consequences of limitations imposed on businesses and the huge resulting losses...

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Getting Ready for Dawn Raids
Wardynski & Partners, May 2020

It is September 2020—hopefully a post-pandemic world. Your company has successfully weathered the storms of crisis, and social and economic life is slowly recovering its previous pace. Most people work at the office again, and you are on your way there. Before arriving at 9 am, you usually stop by the corner coffee place to have a morning espresso and browse the daily news. But at 8:15 am you get a call from the office. It is the receptionist, saying that the company has been approached by agents requesting to inspect the company’s files and computer system. You get to the office and find a few men waiting in black suits...

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Will the Right to Privacy be an Indirect Victim of COVID-19?
Wardynski & Partners, May 2020

The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights. While there is no doubt that protection of personal data and the right to privacy must not stand in the way of saving life, it is just as important to ensure that even in apandemic the right to exercise these fundamental rights is enjoyed by both the healthy and the sick...

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EU Constitutional Order Forged before our Very Eyes
Wardynski & Partners, May 2020

On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued amuch-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused agreat stir, as the BVerfG expressly refused to comply with aruling by the Court of Justice of the European Union. It was the first such instance in history, but its significance is the opposite of what is attributed to it by opponents of European integration...

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