Author: Rafał Kuchta

He tracks technological progress with an equal mixture of fascination and concern. He is particularly interested in the role and activity of online platforms. A lawyer in the New Technologies practice at Wardyński & Partners. Write to the author: rafal.kuchta@wardynski.com.pl

Outsourcing no escape from liability for telemarketing without consent

The Supreme Court of Poland ruled on 17 February 2016 that an entity conducting direct marketing using automated generating systems (in that case SMS ads) is liable for failure to obtain consent from recipients also when it has contracted out the marketing to an external firm.

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Wardyński & Partners involved in conference on combat drone systems

Lawyers from Wardyński & Partners participated in the conference “Combat Drone Systems in the Eyes of Society” organised by a coalition of NGOs as part of the campaign “5 Tonnes over Earth.”

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Is it OK to shoot down a drone?

Protection of possession of real estate against drones as a form of necessary defence is permissible only under exceptional circum­stances.

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ERROR 451:Site unavailable for legal reasons

Can internet service providers be ordered to block a specific website?

Blocking websites has recently become a popular method for combating legal violations, particularly in the context of copyright protection. It’s enough to glance at the rulings from the last few months. In late May a court in Tel Aviv ordered Israeli ISPs to block access to a service where films and TV shows could be viewed without the consent of the copyright holders using the BitTorrent protocol. This followed in the trail of the English High Court, which less than a month earlier issued a very similar injunction. And shortly thereafter the same court order British ISPs to block access to portals offering e-books without authorisation.

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New Council of Europe recommendation on processing of employee’s personal data in light of new technologies

The new recommendation on processing of da­ta for purposes of employment is designed to meet challenges posed by greater digitisation.

On 1 April 2015 the Council of Europe adopted Rec­ommendation CM/Rec(20l5)5 of the Committee of Ministers to member States on the processing of personal data in the context of employment. The previous recommendation was issued before the growth of the internet and new technologies, and did not reflect contemporary realities. Aware of the increased use of new technologies and electronic communications in dealings between employers and employees, the Council of Europe decided to modify the recom­mendation to ensure adequate protection of personal data in employment.

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