changes in law - legal aspects of new technologies

The Act on Trust Services and Electronic Identification is intended to adapt Polish law to the EU’s eIDAS Regulation. Among other things, it repeals the Electronic Signature Act. The new act is part of a broad trend toward creation of a new regulatory framework for digital commerce.

Last year we discussed, in the context of copyright infringement, whether an Internet service provider could be required to block access to a specific web page. The conclusion was that current law did not expressly provide for such measures but attempts to apply them could not be ruled out. But a number of legislative proposals have appeared recently calling for blocking of Internet content that does not infringe copyright.

The EU’s eIDAS Regulation enters into force on 1 July 2016. The importance of this somewhat mysterious act is not yet widely appreciated. It opens up new possibilities and creates space for very interesting new services.

Work on the new Trade Secrets Directive is approaching the end. One of the most contro­versial provisions of the proposal concerns information obtained through reverse engineer­ing—examining a product to determine how it was made and how it works.

Several regulations setting maximum levels for interchange fees have entered the legal system recently. It is already clear that these regulations are having a major impact on the market, causing some enterprises to revise their business model. An interesting issue from the point of view of the law of new technologies is whether these regulations are technologically neutral, or apply only to a selected group of payment instruments.

Poland’s first clearinghouse for cash-free payments was established in 1990. In 1991 the first payment cards for individual clients were issued in Poland. The history of cash-free trade in this country now goes back over a quarter-century. But one of the key Polish regulations governing money—the Foreign Exchange Law—has not kept pace with the evolution of the forms in which money is used, but remains fixed in times when the dominant form of money was cash. There are many signs that this state of affairs may soon change.