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Unfortunately, negotiation of provisions and management of performance of IT system maintenance and development agreements are not usually considered as important as IT system implementation agreements. Meanwhile, agreements of this kind are key for ensuring that an organization operates smoothly, and also consume a greater portion of the IT budget. In addition, maintenance agreements are mostly long-term agreements, which means it is even more important to make sure that tasks are properly defined and that there is clear allocation of responsibility between the service provider and the client in such agreements. Training on Agreements on maintenance and development of IT systemsbest practices and disputed issues will be held in Warsaw on 16 February 2021. The webinar will be conducted by attorney-at-law Agnieszka Wachowska and is organized by Centrum Promocji Informatyki.

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Cookies – technical aspects, the latest case law, and guidelines issued by regulators

09 Feb 2021
Participants:
Xawery Konarski
Dominika Nowak
Prof. INP PAN Grzegorz Sibiga, PhD, Habil.
Andrzej Kaczmarek, PhD

In 2020, national authorities in individual EU countries issued a series of rulings imposing heavy fines for breach of cookies rules. In these cases, rulings were issued by the ECJ and national courts. The substantive legal grounds for these rulings and judgments were the GDPR and provisions on e-privacy.

During the webinar, we will look at technical and legal issues relating to use of cookies in practice. Our presentations will include the latest decisions and guidelines issued by regulatory authorities, the most important case law, and a proposal for the Electronic Communication Law.

Program:

  • Technical aspects of cookies – Dr Andrzej Kaczmarek;
  • The major legal issues concerning use of cookies based on case law, decisions, and standpoints of regulators – attorney-at-law Xawery Konarski;
  • Rules on permitted use of cookies – the law at the moment and forthcoming developments, attorney-at-law Dominika Nowak;
  • The powers of the President of the Personal Data Protection Office and the President of the Office of Electronic Communications, and exercise of those powers with respect to use of cookies – attorney-at-law Dr Grzegorz Sibiga;

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Legal Aspects of Cybersecurity

24 Aug 2020
Participants:
Agnieszka Wachowska

Legal Aspects of Cybersecurity is a training session organized by the Centrum Promocji Informatyki (Computer Science Promotion Centre), and will take place on 25 August 2020.

Its participants will learn:

  • Which regulations and soft law regulate cybersecurity issues
  • To whom the National Cybersecurity System Act applies and what obligations it imposes
  • Whether cloud providers need to report incidents
  • How to regulate cybersecurity issues in an IT contract (e.g. implementation, maintenance)
  • Who is responsible for a cybersecurity breach, and how

We invite you to participate in the event.

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IT projects are among some of the most risky ventures when it comes to implementation as agreed in the contract. Many different factors contribute to this. First, civil law and copyright concepts related to ordered works are not fully in line with certain specific characteristics of projects to create, implement and use computer software. Second, an IT project requires close cooperation between the Client and the Contractor, which means that the contract should precisely regulate many issues, while practice shows that this is not always the case.

During practical sessions, we will present standard solutions used in implementation contracts, with particular focus on those contractual elements that require special attention when preparing or negotiating a contract.

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Conference: SEMAFOR – Security Management Audit Forum

15 Sep 2020 - 16 Sep 2020
Participants:
Agnieszka Wachowska

We are glad to invite you to the 13th edition of the SEMAFOR conference – Security Management Audit Forum that will take place in Warsaw on 16th and 17th September 2020.

The SEMAFOR conference is one of the most significant events related to the industry of information security and IT audit in Poland. This year’s edition will follow 4 thematic pathways:

  • IT audit
  • Cybersecurity, Hacking and Forensic
  • Security management
  • Innovations

During the conference, Agnieszka Wachowska, Legal Advisor and Joanna Jastrząb, Legal Advisor at the Traple Konarski Podrecki i Wspólnicy law firm, are going to deliver a lecture on “How to buy cybersecurity services and what agreement to conclude?”.

 

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Webinar: Schrems II judgement and its relevance to personal data transfers outside the European Economic Area

10 Aug 2020
Participants:
Xawery Konarski
Prof. INP PAN Grzegorz Sibiga, PhD, Habil.

During the webinar we will present in detail the legal issues related to personal data transfers, with particular focus on the guidelines provided by the Court of Justice of the European Union (CJEU) in its judgement in the Schrems II case. Those issues are grouped into four blocks.

  1. Meaning of CJEU judgement in the Schrems II case
  • Invalidity of Commission Implementing Decision (EU) 2016/1250 concerning the Privacy Shield – arguments presented by CJEU
  • Assessment of admissibility of personal data transfers on the basis of standard contractual clauses (Commission Decision 2010/87, amended by Commission Implementing Decision (EU) 2016/2297)
  1. How to use available transfers mechanisms after the Schrems II judgement
  • Recommended order of use of the transfer mechanisms specified in GDPR
  • European Commission decisions confirming adequacy of protection in a third country (whitelisting)
  • Transfer of data with reservation of appropriate safeguards (standard data protection clauses, binding corporate rules, other instruments contemplated in the GDPR)
  • Derogations set out in Article 49 GDPR
  1. Obligations of the controller and the processor if standard data protection clauses are used
  • Standard data protection clauses approved by the European Commission versus contractual clauses approved by the supervisory authority – legal meaning of the differentiation
  • Types of standard data protection clauses
  • Obligation to carry out prior assessment if a data importer is able to meet the protection requirements arising from standard data protection clauses approved by the European Commissions – assessment criteria and method
  • Data transfers under standard data protection clauses versus the accountability principle
  1. Personal data transfers under derogations (Article 49 GDPR)
  • Data transfers under standard data protection clauses versus the accountability principle
  • Transfers or sets of transfers of personal data to a third country – legal meaning of the differentiation
  • Conditions for admissible personal data transfers under derogations contemplated in Article 49 GDPR
  • Personal data transfers justified by compelling legitimate interests pursued by the controller

We invite you to participate in the event.

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Webinar: Principles of video surveillance in the light of decisions and opinions of supervisory authorities in the EU

03 Aug 2020
Participants:
Prof. INP PAN Grzegorz Sibiga, PhD, Habil.
Katarzyna Syska
Dominika Nowak

During the webinar we will present penalties imposed by European supervisory authorities in connection with video surveillance. Conclusions arising from those decisions are of great importance to ensuring correct and legal implementation of such systems both in Poland and in other Member States of the European Union. We will also discuss elements of guidelines concerning video surveillance. In particular, we are going to focus on:

  1. Penalties, including their legal basis, imposed by European supervisory authorities in connection with surveillance
  • Review of imposed fines and their amounts
  • How to ensure lawful processing of data in a video surveillance system
  • How to assess the scope of data collected using a surveillance system
  • Information that should be provided when using video surveillance
  • Is a DPIA necessary?
  1. Video surveillance principles in the light of case law and guidelines issued by the European Data Protection Board (EDPB) and the President of the UODO (Personal Data Protection Office)
  • Conclusions from EDPB Guidelines 3/2019 on processing of personal data  through video devices
  • Video surveillance guidelines issued by UODO President
  1. Practical issues related to surveillance (in particular video surveillance)

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e-Tender Academy

19 Jul 2020
Participants:
Tomasz Krzyżanowski

The e-Tender Academy is for those who want to understand the new reality of public procurement after 1 January 2021.

The training will be arranged in modules:

  1. Introduction to the new Law
  2. Awarding classic contracts below EU thresholds – the new contract awarding procedure
  3. How to prepare for the digital transformation of public procurement
  4. Abusive and compulsory contractual clauses in the new Public Procurement Law
  5. E-procedures
  6. Simulation of an e-procedure using the eZamawiający (e-Contracting Authority) platform
  7. Q&A session

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Together with the LifeScience Cluster we invite you to participate in a meeting on “R+D Allowance – A Milestone in the Development of Enterprise Innovativeness”, which will take place on 18 July 2018 in Krakow.

The following topics will be discussed during the event:

  • R+D allowance from theory to practice
  • Allowance for artists vs. tax-deductible expenses
  • Status of a research and development centre vs. R+D allowance at the rate of 150%
  • Zone allowance for new investments
  • Use of support funds

We have the pleasure to inform you that an additional presentation about “Settlement of 50% Tax-Deductable Employee Expenses” will be given by our law firm’s representative, Joanna Jastrząb, Legal Advisor.

Admission is free of charge.

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The “Non-performance or Improper Performance of IT Contracts – How to Avoid Disputes and Proceed in Conflict Situations Between Contractor and Client” training session will be held on 28 July 2020.

The meeting will be divided into four main parts:

  • IT implementation and maintenance – how to avoid discrepancies between the Contractor and the Client;
  • Procedure versions aimed to really fulfil the obligation (contract) – which Claims;
  • Procedure versions aimed to terminate the contract – when and on what terms the Contractor and the Client may withdraw from the contract;
  • Procedural ways to settle disputes regarding IT implementation and maintenance.

The workshops will be run by experts from the Traple Konarski Podrecki i Wspólnicy Law Firm –  Xawery Konarski, Attorney at Law, and  Agnieszka Wachowska, Legal Advisor.

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Webinar: Legal problems of contract conclusion in the film production process

24 Jun 2020
Participants:
Prof. Elżbieta Traple, PhD, Habil.
Zbigniew Pinkalski, PhD

You are very welcome to participate in a webinar entitled “Legal problems of contract conclusion in the film production process”, which will be held on 25 June 2020 at 11.00 a.m.

The programme of the event includes, among other things:

  • Acquisition of rights to works existing previously, screenplay based on a literary work (rights of the author, publisher);
  • Biographic films;
  • Legal issue of co-production, significance of the governing law, jurisdiction, arbitration.

The meeting will be led by Prof. Elżbieta Traple, PhD hab., Attorney-at-Law, Emilia Chmielewska, Attorney-at-Law, Zbigniew Pinkalski, PhD, Attorney-at-Law

Do not hesitate to apply!

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On 25 June 2020, a training session entitled “Amendment and termination of an IT agreement, with special regard to agreements concluded in the public sector” will be organised by the Centre of Information Technology Promotion.

Even the best thought-out IT project would not eliminate all risks, unforeseen challenges or problems encountered on the way, including improper contract performance. In order to be ready to face them, the parties should specify properly a procedure for amendment and termination of the agreement. The objective of the event is to comprehensively present the legal issues of IT agreement amendment and termination.

During the event, the following questions will be explored in detail:

  • What causes a dispute and may result in an amendment or termination of an IT agreement?
  • When is it necessary to amend or terminate an agreement?
  • Agreement amendment
  • Agreement termination

The training session will be held by our experts: Piotr Nepelski, Attorney-at-Law and Joanna Stecyk, Attorney-at-Law

For more information, please visit the organiser’s website (link).

We hope to see you there!

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