Executive Summary Report – September 2017
The Appeal Court in Lublin in its judgment of 29 June 2017 (ref. no I ACa 910/16) ruled that a car dealership that refuses to accept a defective vehicle is obliged to refund the customer the cost of insurance and maintenance of the defective car.
Consent to process personal data in the light of GDPR
From 25 May 2018, all Member States of the European Union will be obliged to apply Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and thus repealing Directive 95/46/EC (General Data Protection Regulation), therefore entrepreneurs should review their consent mechanisms to make sure they meet the GDPR requirements and introduce the necessary changes.
The impact of GDPR on the processing of sensitive data by insurance companies
From 25 May 2018, all Member States of the European Union will be obliged to apply Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
CZUBLUN TRĘBICKI recognized by international ranking Chambers & Partners
The year 2017 undoubtedly belongs to us and the run of good fortune, initiated by the change of the law office headquarters, is still continuing! This time it is thanks to our Clients who by appreciating our work and our commitment have contributed to the results of the prestigious European ranking Chambers Europe 2017.
GOOD CHANGES - CZUBLUN TRĘBICKI Law Office in their new headquarters!
After more than 7 years in business it is with fondness that we say goodbye to our office at Wiślana Street, as we are moving to a newly created office and residential complex located in the Powiśle district in Warsaw.
From the 13th of March 2017 you can visit us at our new headquarters at Solec 18 Street in Warsaw (entrance C, from the Vistula River side), vis-à-vis THE TIDES.
The state of the insurance sector after the third quarter of 2016
On February 16, 2017 the Financial Supervision Authority published a report on the state of the insurance sector after the third quarter of 2016. The report presented the basic information about the financial performance of the insurance sector aggregated on the basis of financial and statistical reports for the third quarter of 2016 as well as the trends observed in the insurance sector during this period with an attempt to explain and justify the changes identified. According to the report, the written premium of the insurance sector at the end of the third quarter of 2016 was 40.70 billion PLN and was lower by 0.18 billion PLN than in the corresponding period in 2015.
Insurance intermediaries will be obliged to handle complaints
The draft law on distribution of insurance, published in December 2016, besides introducing the new legislative act replacing the current Act on insurance mediation, also provides for changes in the three existing laws, i.e. the Act of 11 September 2015 on insurance and reinsurance activity, the Act of 22 May 2003 on insurance and pensions supervision and the Act of 5 August 2015 on handling complaints by financial market entities and the Financial Ombudsman (Act on complaints). Today we would like to introduce you to the changes provided by the latter.
LEGAL FLASH: The draft Act on insurance distribution under consultations
On 6 December 2016 a draft law (the draft Act on insurance distribution) aimed at implementing the Insurance Distribution Directive has been published and sent out for governmental and public consultations. The final law aimed at implementing the IDD is expected to adopted by the Council of Ministers by the second quarter of 2017. The date of adoption of the final law by the Parliament is not yet determined, however the draft law provides that, as a rule, it shall enter into force on 23 February 2018.
Legal Flash CZTR: Polish loan companies versus UOKiK
President of the UOKiK issued a decision on fees charged by the company Provident for servicing the loans at the debtor’s home.
The UOKiK proceedings against the company Provident showed that the calculation manner of the fees related to granting and repayment of the loans, applied by the company, may adversely affect the interests of consumers. The UOKiK concluded that the fees for servicing loans at the client’ home (reception of money from a consumer) differentiate, even though they have been established for the same amount of the installments. In fact, the amount of fees for services provided at home was related to the amount of the loan granted, and not the value of the service. Similar criteria was applied by Provident for calculation preparatory fees.