Our multidisciplinary compliance advisory covers 12 specialisations:

company law

We help clients manage the risks they face in adapting their operations to legal regulations by:

  • analysing internal corporate procedures and the by-laws of the company's authorities, e.g. rules or global internal policies that may not meet all Polish law requirements,
  • developing internal rules, confidential information flow and access rules and media contact principles,
  • carrying out internal compliance audits and indicating the legal measures that should be taken in response to a compliance report drawn up by an independent auditor,
  • assisting with official inspections (e.g. by the Supreme Audit Office), i.e. preparing drafts of correspondence relating to the inspections.

Contact:

Julita Zimoch-Tuchołka This email address is being protected from spambots. You need JavaScript enabled to view it.

competition and consumer protection

Our compliance advisory on competition and consumer law matters includes:

  • audits of existing and development of new distribution procedures and discount schemes in terms of regulations on abuse of a dominant position, cartels and acts of unfair competition (minimum prices, market sharing, elimination from the market, exchange of confidential information, refusal to contract, exclusivity, competition bans and slotting, promotion and marketing fees),
  • support in developing distribution systems, franchising analyses and recommendations for changes to internal business decision-making processes in the context of personal liability of management,
  • drafting and implementing procedures for contacting business partners in order to eliminate or mitigate the risk of breaches of law,
  • eliminating unlawful clauses from model consumer agreements,
  • adapting model agreements and advertising procedures to new legal reporting requirements,
  • support in creating marketing materials by attempting to elimiate breaches of consumer law while retaining the clarity of the communication also in connection with sector regulations, e.g. the Consumer Credit Act, the Telecommunications Law,
  • advisory on developing rules on which comparative advertising complies with the law,
  • support in creating contractual non-compete and confidentiality clauses for employees and co-operating persons.

Our services also cover support and representation in:

  • anti-trust proceedings run by the President of the Competition and Consumer Protection Office (in cases involving anti-competitive agreements and abuse of a dominant position),
  • proceedings over breach of collective consumer interests,
  • court proceedings initiated by appeals against CCPO President decisions or by competitors or business partners.

Contact:

Tomasz Kaczyński This email address is being protected from spambots. You need JavaScript enabled to view it.

criminal and criminal fiscal matters

Our day-to-day work involves compliance advisory in criminal and fiscal criminal matters:

  • we run training courses on criminal liability under the Criminal Code, the Criminal Fiscal Code and other laws,
  • we identify the risks of criminal and criminal fiscal liability and work out ways of eliminating or mitigating them,
  • we react quickly in crisis situations (searches, interrogations, indictments and other investigative measures),
  • we offer legal support in crisis situations,
  • we represent clients in preparatory and judicial proceedings.

Contact:

Dr Hanna Gajewska-Kraczkowska This email address is being protected from spambots. You need JavaScript enabled to view it.

data privacy

We advise on compliance in personal data protection issues. We offer our clients:

  • support in implementing complex personal data protection systems and identifying and eliminating risks in existing systems,
  • preparation of domestic and international documents and ensuring that they comply with both Polish and EU laws,
  • support in proceedings before the General Inspector of Personal Data Protection and administrative courts,
  • training courses on data protection compliance,
  • updates and legal alerts on Polish and EU personal data protection laws.

Contact:

Dr Bartosz Marcinkowski This email address is being protected from spambots. You need JavaScript enabled to view it.

environmental protection

DZP's experts on environmental law also provide compliance advisory. We advise public administrative authorities and businesses whose operations may have an adverse effect on the environment.

As part of our services to businesses we offer:

  • compliance audits covering:

     - identification of potential incompliance in the operations of the client's
       establishment with environmental law requirements, particularly
       whether the formal legal requirements for the business carried on are
       met (e.g. holding the required administrative decisions),
     - review of an establishment's operations in terms of requirements under
       environmental decisions and permits,
     - reviewing whether environmental decisions and permits were obtained
       correctly,
     - recommendations to eliminate or mitigate risks identified during audits
       and irregularities in the future,
     - identification of areas that could be affected by changes to Polish
       or EU laws,

  • advisory during administrative proceedings and representation before public administrative authorities and administrative courts,
  • advisory in criminal proceedings involving potential breaches of environmental law,
  • advisory to management board members and other persons employed by the client who bear liability for ensuring that operations comply with environmental regulations.

As part of the services provided to public administrative authorities we offer:

  • assessments of whether draft documents/acts of law or documents/acts of law adopted comply with Polish, EU and international environmental regulations,
  • drawing up draft documents/acts of law.

Contact:

Daniel Chojnacki This email address is being protected from spambots. You need JavaScript enabled to view it.

financial institutions

Consultations on compliance are a major part of the services we provide to financial market entities. Our advisory focuses on services to banks, investment companies, participants in public market transactions, and domestic and foreign entities involved in financial market transactions, i.e.:

  • we examine internal regulations and product and transaction documentation in terms of correctness,
  • we help adapt internal regulations to changing laws and supervision authority recommendations,
  • we support clients during proceedings before the PFSA in the event of an institution's rules or regulations being questioned,
  • we advise foreign institutions on offers of products and systems on a cross-border basis in compliance with Polish laws.

Contact:

Andrzej Foltyn This email address is being protected from spambots. You need JavaScript enabled to view it.

insurance

Our insurance law specialists also render compliance advisory. As part of our assistance we offer insurance sector entities:

  • creation and implementation of internal monitoring and legal risk management systems,
  • analyses and opinions on compliance of insurance and insurance product distribution activity with the law, PFSA recommendations and best practices,
  • analyses of clients' (insurers and insurance agents') internal procedures in terms of how effectively they manage legal risk.

Contact:

Julita Zimoch-Tuchołka This email address is being protected from spambots. You need JavaScript enabled to view it.

intellectual property law

We provide advisory on intellectual property law during compliance projects. Our advisory covers:

  • audits of the client's intellectual property rights based on agreements and documentation,
  • making recommendations for changes in the organisation to optimise the acquisition of, e.g. copyrights to software and rights in trademark registration ,
  • analysing and making recommendations for changes in eCommerce documentation in B2B and B2C relations,
  • drafting documentation rights relating to ATL/BTL advertising and other external communication channels, unlawful agreements, anti-trust proceedings, dawn raids,
  • analysing and making recommendations for changes to business strategies and processes to adapt them to applicable laws, e.g. consumer law,
  • adapting documentation in line with requirements for activity regulated by, e.g. the Telecommunications Law, the Radio and TV Act, the Consumer Credit Act,
  • implementing regulations on consumer rights and copyrights (new procedures for using orphan works and using copyrights based on the right to quote).

Contact:

Dr Aleksandra Auleytner This email address is being protected from spambots. You need JavaScript enabled to view it.

labour law

Ninety nine per cent of law infringements that could affect the business itself are committed by employees. We help our clients identify and effectively use the legal instruments available under labour law to:

  • define the scope of employee liability,
  • allocate legal liability in the business's hierarchy,
  • build a safety cordon around management,
  • develop company procedures to ensure that the business is run in compliance with the law.

Contact:

Bogusław Kapłon This email address is being protected from spambots. You need JavaScript enabled to view it.

pharmaceutical law

We help create coherent compliance and audit systems and control measures that help companies navigate through the complex business realities in regulated sectors. We centre particularly on creating anti-corruption systems that comply with Polish law, the FCPA, the Bribery Act and other EU and international regulations.

Our compliance services cover:

  • analysing organisational structures and business processes in terms of compliance with anti-corruption and anti-trust laws,
  • preparing or modifying internal procedures and policies, particularly for:

     -    relations with public officials or officers authorising disbursement of
          public funds,
     -    marketing, sales and educational activity in regulated sectors,
     -    transparency of internal procurement systems,
     -    proper internal and external communication,
     -    inspections (e.g. dawn raids),
     -    compliance with competition and consumer law,
     -    labour relations,

  • audits based on current business documentation and on employee interviews and email analyses,
  • risk assessments and recommendations for how to elimiate or mitigate any risks or hazards identified,
  • identifying the best and most efficient ways of organising the compliance function in the organisation,
  • running training courses on compliance and proper communication for management and employees.

Contact:

Prof. Marcin Matczak This email address is being protected from spambots. You need JavaScript enabled to view it.

public procurement

We advise contractors and contracting authorities on compliance during public procurement procedures (covering concession and PPP procedures).

Advisory to contractors primarily involves identifying and preventing situations that could lead to conduct on the limits of the law or that directly breach the law, and providing support in situations that could lead to breaches. We offer, e.g. audits of existing procedures or drafting of new procedures that particularly:

  • eliminate the risk of a contractor being excluded from a tender procedure (potential conflict of interests, ways of communicating with contracting authorities and the scope of information to be provided when preparing for and conducting procedures),
  • eliminate the risk of a contractor's bid being rejected (suspicion that the bid contains an abnormally low price, occurrence of an act of unfair competition, including unauthorised formation of consortia),
  • include remedial procedures enabling entities that have culpably and seriously breached their professional obligations to participate in tender procedures,
  • concern possible criminal charges being brought against contractors or their representatives.

Advisory to contracting authorities particularly covers:

  • obligations arising directly from newly adopted EU directives, e.g. to identify, disclose, prevent and report conflicts of interests,
  • assessing the remedial procedures applied by the contractor,
  • procedures for technical dialogues mitigating the risks accompany the drafting of tender documentation and contracts with contractors,
  • ensuring that procedures comply not only with domestic but also with EU legislation, including in terms of potential financial adjustments,
  • support in the event that criminal charges are brought against contracting authority representatives.

Contact:

Katarzyna Kuźma This email address is being protected from spambots. You need JavaScript enabled to view it.

taxes

We deal with all types of compliance advisory, particularly in tax law matters:

  • we examine current and past tax and customs settlements for correctness and, in case of need, develop and implement optimum ways of minimising the consequences of any irregularities disclosed,
  • we identify risks arising from applicable procedures and practices for tax and customs settlements, then develop and implement ways of mitigating or eliminating them,
  • we design comprehensive internal corporate governance systems and system elements to provide support in duly meeting tax and customs requirements and mitigating the risk of fiscal criminal liability.

Contact:

Artur Nowak This email address is being protected from spambots. You need JavaScript enabled to view it.