Specializations

Insurance law

Insurance law is one of the leading practices of our Law Office’s activities. Our professional experience covers almost the entire spectrum of activities of insurance companies and insurance intermediaries.

Insurance Law practice at CZUBLUN TRĘBICKI Law Office was recommended by Legal 500 EMEA (2018, 2019, 2020, 2021) and by Law Firm Ranking of daily Rzeczpospolita 2018.

Below please find some examples of our experience in the area:

Advice for insurance companies:

  • creation of insurance companies;
  • drawing up contracts related to the performance of insurance activities on Polish territory;
  • ongoing legal advice;
  • developing and reviewing internal documentation;
  • advice on the processing and protection of personal data;
  • creating and providing opinions on distribution models (including contracts between insurers and database ’owners’ or managers of large distribution networks);
  • creating and issuing opinions on agency contracts for various distribution models;
  • creating and reviewing contracts in the bancassurance model;
  • developing and reviewing the distribution model of insurance products in the so-called direct system;
  • developing and providing opinions on the legality of insurance products, including contract templates, GTC and all insurance documentation regarding compliance with the provisions governing prohibited clauses;
  • representation of insurance companies in all court disputes, including group proceedings;
  • representing insurance companies before UOKiK and SOKiK in matters regarding abusive clauses and proceedings related to allegations of practices infringing collective consumer interests;
  • consultancy in the area of ​​creating insurance products with UFK, including preparing and negotiating contracts with UFK, managing entities and creating structured products for the needs of UFK,
  • work on legal solutions in the area of ​​voluntary health insurance;
  • advice on the processing and protection of personal data;
  • creating complete documentation related to the processing of personal data;
  • consultancy in the relations of entities of the insurance market with UODO;
  • consultancy in the relations of insurance market entities with insurance market regulators;
  • comprehensive legal assistance during Polish Financial Supervision Authority inspections.

Advice for insurance brokers:

  • drawing up contracts related to the performance of insurance mediation activities in Poland;
  • ongoing legal advice;
  • developing and reviewing internal documentation;
  • advice on the processing and protection of personal data;
  • creating complete documentation related to the processing of personal data;
  • consultancy in the relations of entities of the insurance market with UODO;
  • consultancy in the relations of insurance market entities with insurance market regulators;
  • comprehensive legal assistance during Polish Financial Supervision Authority inspections.

Advice for foreign entities:

  • cross-border mergers of insurance companies (first on the Polish market);
  • servicing foreign entities in legal and regulatory matters related to the commencement of insurance activity and insurance mediation in Poland, in particular on the basis of the freedom to provide services and the principle of freedom of establishment – establishing a branch of a foreign insurance company;
  • preparing legal opinions for foreign entities from the insurance sector, including insurance distribution models.

Financial Institutions law

One of the leading practices of our Law Office is legal assistance to companies providing financial services (banks, investment funds, loan companies, leasing companies).

Below please find some examples of our experience in the area:

Documents of financial institutions:

  • development and verification of standard model contracts, regulations and other procedures for consumers and institutional customers;
  •  advice on minimizing the legal risks associated with the potential violation of provisions of consumer law within the implementation of new financial products;
  • notification of data processing in a computing cloud and preparation of complete documentation of such processing, as required by the KNF;
  • preparation of complete documentation in the area of personal data (preparation of internal documentation, personal data processing clauses, etc.);

Outsourcing agreements:

  • preparation of outsourcing contracts and their verification for compliance with legal requirements;
  • preparation and negotiation of IT contracts;

Corporate law:

  • corporate business services (establishing companies, general meetings and shareholders’ meetings service, changes in company bodies, transformations, etc.);
  • appealing against shareholders’ meetings resolutions and general meetings’ resolutions;
  • advice on and conducting court proceedings relating to the liability of the board members of limited liability companies towards the company’s creditors;
  • advice on and conducting court proceedings relating to disputes between shareholders of companies;
  • advice on and conducting court proceedings relating to disputes on companies’ activities;

Other:

  • advice on “anti-money laundering” requirements;
  • preparation of legal opinions concerning the problems arising in the practice of financial institutions, including the assessment of sales models of financial products;
  • representing financial institutions in proceedings before the Polish Financial Supervision Authority KNF/ UOKiK/PUODO.

Labour law

A significant area of our Law Office’s experience is legal assistance in labour law issues.

The Labour Law practice at CZUBLUN TRĘBICKI Law Office was recommended by Chambers Europe (2018, 2019) in the category “Employment”.

Below please find some examples of our experience in the area:

  • advice on matters relating to collective labour relations, including collective bargaining agreements and other collective agreements between employers and trade unions;
  • verification and drafting of collective agreements and all regulations;
  • counseling and support in the processes of personnel acquisitions, restructuring and reintegration of employee teams and employee outsourcing, including group layoffs;
  • advice on the transfer of all or part of the workplace;
  • advice on the activities of employment agencies and temporary work;
  • negotiations with employee representatives;
  • comprehensive legal assistance in the scope of inspections of the National Labour Inspectorate;
  • comprehensive advice on individual employment relationships;
  • counselling on all forms of discrimination and mobbing;
  • representation of clients in court disputes before courts of all instances, throughout the country and settlement negotiations in labour law matters;
  • comprehensive counselling in matters related to hiring managers;
  • advice on employee monitoring and protection of employee privacy;
  • advice on non-competition agreements;
  • advice on protection of personal data in employment;
  • business immigration advice;
  • advice on remote working.

Procedural law

Our procedural law team provides comprehensive services at all stages of a dispute, from the initial legal assessment of a case, initiation of proceedings, filing of further pleadings, through settlement negotiations, representation of Clients at court hearings, appeals and enforcement.

We approach each case with full commitment, seeking the most advantageous litigation strategy for the Client, taking into account both the Client’s interest in the pending proceedings and other business objectives.

Below please find some examples of our experience in the area:

  • counselling on potential litigation, estimation of opportunities and litigation risks, preparation of strategy for litigation;
  • conducting litigation proceedings;
  • representation in civil litigation before common courts, arbitration courts, the Supreme Court and the Supreme Administrative Court;
  • representation in competition law proceedings before the President of the Office of Competition and Consumer Protection and the Consumer Protection Office and the Court of Competition and Consumer Protection and Consumer Protection Court;
  • representation in proceedings conducted pursuant to the Act on Pursuing Claims in Group Proceedings;
  • representation in mediation and arbitration proceedings;
  • representation in enforcement proceedings;
  •  legal counselling, preparation of information and legal opinions concerning commissioned cases that may be subject to resolution by competent institutions;
  • preparation of statements of claim, pleadings and legal opinions in civil and commercial cases;
  • advice and representation in negotiations with a litigant.

Personal data protection

The personal data protection sector is one of the Law Firm’s leading specializations, in particular in the field of services provided to entities from the IT and insurance industries.

In the field of personal data processing, we cooperate with the largest domestic and international entities, as well as with small enterprises or online stores that are just creating a personal data protection policy.

Below please find some examples of our experience in the area:

  • comprehensive audits and implementation of post-audit recommendations;
  • comprehensive advice on matters related to personal data for both personal data controllers and processors;
  • preparation of internal documentation related to the processing of personal data: security policy, IT system management instructions, contracts for entrusting the processing of personal data; agreements on the co-administration of personal data, a register of personal data processing activities, a procedure for handling the rights of personal data subjects;
  • assessment of the activities of controllers and processors in terms of compliance with the provisions on the protection of personal data to ensure data protection ’by design’ and ’by default’;
  • assessment of insurance distribution models in terms of compliance with personal data protection regulations;
  • comprehensive support for projects that involve the transfer of personal data to third countries, in particular in relation to cloud computing solutions;
  • preparation of guidelines for mailing and other forms of the use of personal data for marketing purposes, among others in accordance with the provisions of the Act on the provision of electronic services, telecommunications law or the Act on insurance and reinsurance activities;
  • representing clients during inspections of the Personal Data Protection Office (UODO) and in proceedings before UODO;
  • examining compliance of entrepreneurs’ activities in accordance with the requirements of the GDPR;
  • preparation of legal opinions related to personal data protection issues;
  • preparation of analysis regarding data processing in connection with IT services;
  • preparation of training in the field of personal data protection tailored to the client’s needs;
  • performing the function of IOD on behalf of third parties.

SERVICE “DATA PROTECTION OFFICER (IOD)”

  • informing the administrator / processor and employees who process personal data about the obligations incumbent on them under the GDPR and other data protection provisions and advising them on this matter;
  • monitoring the compliance with the GDPR, other data protection provisions and administrator’s policies in the field of personal data protection, including segregation of duties, awareness-raising activities, training of personnel involved in processing operations and related audits;
  • providing on request recommendations on the data protection impact assessment and monitoring its implementation in accordance with art. 35 GDPR;
  • cooperation with the supervisory authority;
  • performing the function of a contact point for a supervisory authority in matters related to processing, including prior consultations referred to in art. 36 GDPR, and, where appropriate, consulting on all other matters;
  • appointing a person responsible for carrying out the tasks of IOD.

Public Procurement law

Public procurement is one of the main area of our Law Office’s activities.

Public procurement practice at CZUBLUN TRĘBICKI Law Office was recommended by Legal 500 EMEA (2019–2021)Chambers Europe (2017–2021) and by Law Firm Ranking of daily Rzeczpospolita (2018, 2019, 2020).

Below please find some examples of our experience in the area:

  • development of legal opinions on the interpretation of the significance and effects of the provisions of the terms of contracts, notices etc.;
  • assistance in drafting correspondence with contracting parties;
  • assistance in drafting the correct provisions of specifications;
  • assistance in negotiations with contractors;
  • development of legal opinions on disputes;
  • analysis of the Clients’ offers and studying the correctness of competitors’ offers;
  • development of appeals to the National Appeal Chamber;
  • development of accessions to the appeal proceedings before the National Appeal Chamber;
  • development of complaints to the district court for the National Appeal Chamber sentences;
  • optimization of the structure of capital transactions involving an element of public procurement;
  • advice on the process of reorganization of entities and group of companies involving an element of public procurement (procurement in a group of companies, elimination of risk of loss of internal procurement in a group of companies etc.);
  • optimization of the process of awarding public procurement by the Client;
  • optimization of obtaining public procurement by the Client.

New technologies law and business law

The practice New technologies law and businesslawis managed by attorney at law Katarzyna Brudnicka. Our experience within these law areas include advisory for both suppliers and receivers of IT services and advisory in broadly understood business transactions.

Below please find some examples of our experience in the area:

  • developing and reviewing of implementation, outsourcing and SLA contracts;
  • developing and reviewing license agreements and agreements transferring copyrights;
  • developing and reviewing contracts for the provision of services in cloud computing SaaS, IaaS;
  • negotiating IT contracts on behalf of both the supplier and the recipient of services;
  • developing a sales model for financial products with the usage of new technologies (so-called distance sales);
  • advising on projects related to network security, database protection, personal data protection in the network, etc.;
  • online trademark protection, consultancy in resolving disputes related to IT projects;
  • creating e-commerce platforms;
  •  setting up a business, transforming a sole proprietorship into a civil law partnership or commercial company;
  • establishing a civil law partnership and commercial company, consulting in the scope of transformation and liquidation of companies as well as carrying out processes on behalf of clients (including full representation before registration courts – National Court Register);
  • corporate servicing the bodies of business entities (including general meetings, shareholders meetings, the management board, the supervisory board), including the preparation of resolutions of company bodies;
  • preparing, negotiating and reviewing contracts in business transactions as well as consultancy at the contract implementation stage, including dispute resolution at the pre-litigation stage and recovery of amounts due to clients;
  • sale of shares and stock, negotiating in disputes between shareholders;
  • appealing against shareholders’ meetings resolutions and the general meetings resolutions;
  • establishing of holding groups, including foreign companies;
  • building of a capital structure in order for tax optimization (e.g. establishing of limited partnerships or limited joint-stock partnerships);
  • building of capital structure in order for liability of the board members and shareholders (eg. claims of the board members of a limited liability company).