Posted on Categories cybersecurity, litigation

Would Apple have to crack an iPhone’s security in Poland?

Under Poland’s Criminal Procedure Code, the holder of IT data is required to turn over the data, e.g. concerning the user of a device, at the demand of the competent authorities. But does this apply only to unencrypted data, or also to encrypted data, which to understand would require the holder to decode its own software? Let’s crack this conundrum using the example of the recently publicised American case of Apple Inc.

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Posted on Categories cybersecurity, electronic identification, litigation

Pursuing claims against banks for unauthorised electronic transfers

In the last couple of years we have seen in our legal practice a great increase in the number of cases related to cybercrime (an issue we discussed in the firm Yearbook, at pp. 7–9). Many cases involve attacks on Internet bank accounts from which criminals steal money, mainly using “phishing” methods, sometimes cleaning out customers’ life savings.

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Posted on Categories judicatureTags

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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