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KRASUSKI Legal

KRASUSKI Legal

Warsaw, Poland

Founded in 2014
5 people in their team
KONRAD KRASUSKI LEGAL ADVISOR'S OFFICELegal Advisor Konrad Krasuski (Law Firm) provides legal services for entrepreneurs and individual clients. The...
Polish
English

About Cyber Law, Data Privacy and Data Protection Law in Warsaw, Poland

Poland, including its capital city Warsaw, abides by the European Union’s General Data Protection Regulation (GDPR), enforced since May 2018. The GDPR has dramatically transformed the digital landscape by introducing stringent measures to protect data privacy. On the national level, Poland has Act on the Protection of Personal Data, which is designed to comply with EU's GDPR, focusing on cyber activities, digital transactions, and protecting individual's rights in the digital space. Cyber law norms in Poland are also governed by the Act on Providing Services by Electronic Means, which regulates electronic communication and commerce.

Why You May Need a Lawyer

If you are managing a business that collects, processes, or stores customer data, you may need to ensure that your operations comply with all relevant laws and regulations. It's especially relevant if your business is web-based or involves e-commerce. You may also require legal assistance if you have suffered from a data breach or if your online reputation has been damaged due to cyber defamation or invasion of privacy. Legal advice may be necessary if you are accused of violating data protection laws or involved in copyright disputes or other cyber crimes. Individuals may also need legal help in case their personal data was misused or subjected to an unauthorized access.

Local Laws Overview

Local laws in Poland strictly comply with the EU's GDPR framework which includes data collection, processing, storage, and transfer. Besides, legal compliance requires that companies must obtain clear consent from users before collecting their data, and users have the right to request access, correction, deletion, and portability of their personal data. Fines for non-compliance can be significant, up to €20 million or 4% of the company's annual global revenue, whichever is higher. Companies are also required to notify authorities of data breaches within 72 hours.

Frequently Asked Questions

What is the GDPR?

The General Data Protection Regulation (GDPR) is a legal framework put forth by the European Union. It sets guidelines for the collection and processing of personal data of individuals within the European Union and protects citizens' privacy rights.

What are the penalties for non-compliance?

Penalties can be significant and can reach up to €20 million or 4% of the company's annual global revenue, depending on which is higher. Additionally, non-compliance can lead to a damaged reputation and loss of consumer trust.

What constitutes personal data?

Personal data refers to any information relating to an identified or identifiable natural person (‘data subject’). This can be a name, an identification number, location data, etc.

What types of organizations need to comply with these regulations?

All organizations that handle personal data of EU residents, regardless of their location, need to comply with these regulations. This applies to both private and public entities.

What is the role of a Data Protection Officer (DPO)?

A DPO is responsible for overseeing data protection strategy and implementation to ensure compliance with GDPR requirements.

Can one withdraw their consent to use their personal data?

Yes, any individual has the right to withdraw their consent at any time, making any further processing of their data illegal.

What should one do in case of a data breach?

In case of a data breach, it's mandatory to report the breach to the national supervisory authority within 72 hours of becoming aware of it.

What are the rights of the data subject?

These include the right to be informed, the right of access, the right to rectification, the right to erasure, the right to limit processing, the right to data portability, the right to object, and rights in relation to automated decision making and profiling.

Who enforces data protection laws in Poland?

The President of the Personal Data Protection Office (UODO) is responsible for enforcing data protection laws in Poland.

Can a non-EU company be subjected to GDPR?

Yes, if a non-EU company processes personal data of individuals located in the EU, it will be subject to GDPR.

Additional Resources

For additional insight and advice, you could turn to the Personal Data Protection Office (UODO), the governmental body responsible for supervising the application of data protection legislation in Poland. Other reliable resources might include the eGovernment Poland portal and the Polish Chamber of Information Technology (PIIT). A lawyer specialized in data protection law and cyber law can also provide specific guidance and resources.

Next Steps

If you require legal assistance in cyber law, data privacy, and data protection in Poland, your best bet is to consult a specialized lawyer. The attorney would be able to guide you through the local regulations and the best practices in this field. Additionally, familiarize yourself with GDPR and the Polish Act on the Protection of Personal Data. Ensuring compliance with all these regulations can help you avoid significant fines and reputational damage.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.