The discussion about the legal status of tokens and, in particular, whether and when a token is a security or other financial instrument, is still gaining momentum. There are more and more proposals around this discussion that resolve this issue at the outset, recognising that tokens are intended to become securities. These are so-called security tokens, and the issues are sometimes called security token offerings (STOs).
Last week, the Ministry of Digital Affairs announced that it has concluded an agreement with Facebook introducing a mechanism for Polish users to question a decision to delete content or a profile.
First instance, Facebook; second instance, contact point on NASK platform
Users around the world complain of arbitrary and unreasonable decisions to remove their content or Facebook profiles.
Until now, Facebook has made it possible to appeal against such a decision by filling in a form on its website. Facebook dealt with complaints but that did not always translate into a change of the original decision.
Thanks to the new agreement, after an unsuccessful appeal, a website user will be able to appeal again, this time via a specially created platform on the Research and Academic Computer Network (NASK) website, the so-called contact point.
Star Wars Battlefront II, Counter-Strike: Global Offensive, Overwatch, FIFA 18: these are just a few examples of video games using loot boxes. They are becoming an increasingly common form of microtransaction introduced into video games by developers. But concerns are being raised that they can lead to addiction, particularly among young players. Gambling regulators in various countries are also beginning to take a close look at loot boxes. The Polish government, for one, has announced that it plans to study loot boxes and the related risks. Do loot boxes truly pose a threat requiring regulation?
Last week, without fanfare (compared to the bluster shown by the government a few days later in announcing support for the game industry at Poznań Game Arena), a draft of the Act on Financial Support for Production of Cultural Video Games was released. The solutions bruited for several months stir mixed feelings in the industry. Particular controversy surrounds the “cultural test” games will have to pass before they win support. Some commentators fear this may trigger a flood of poor-quality, superficially patriotic games developed solely with the aim of winning government support. It’s worth taking a closer look at the solutions provided in the bill to reach our own conclusions on how they may impact the Polish game market.
At the end of September the French personal data state processing regulator, the Commission Nationale Informatique & Liberté (CNIL), published a preliminary analysis of the issue of what kind of systems suitable for blockchain might apply to personal data processing. The CNIL has also been looking at the issues that are fundamental from the point of view of the GDPR, for example who the controllers and processors are on a blockchain. The CNIL has proposed a number of specific solutions but realises that it does not have extensive knowledge of this technology. It has said that it is open to proposals from experts and says they are welcome to propose their own solutions.
Regulatory sandboxes usually focus on financial regulations. However, these are not the only obstacle holding back innovative fintech start-ups. More extensive sandbox solutions that also cover data protection issues could make Poland a pioneer on the attractive global market supporting fintech.