Publications

Publications

05.10.2024

Non-Solicitation Clauses in IT Contracts – Key Legal Insights

Non-solicitation clauses are often inserted into IT contracts (but not only). In a nutshell, it is an obligation of the other party to the contract (or a mutual obligation) not to employ the other party’s personnel. In the IT industry, this is of particular importance because the main “asset” that a software company has are its people (intellectual potential). No wonder, then, that entrepreneurs try to protect the constancy of their team at all costs.

26.09.2024

Small Payment Institution in Poland

The Small Payment Institution (PL: ,,Mała instytucja płatnicza”, ,,MIP”) has been operating in the Polish legal order since 2018. Its establishment allows for the provision of payment services to a limited extent and, for many entities, represents a very important transitional stage preceding the establishment of a National Payment Institution (NPI). What do you need to keep in mind if you are operating an MIP or considering setting one up?

12.09.2024

The NIS2 Directive: How to implement the NIS 2 Directive?

The EU’s Network and Information Systems Directive 2 (NIS-2) updates cyber security requirements in relation to NIS1. This is a hot topic especially now that the number of cyber attacks is increasing year on year. Who is required to implement NIS2 and what exactly is changing?

02.09.2024

Generative artificial intelligence in IT Contracts: Managing Risks When Hiring Software Developers

Recently, in almost every corner of the Internet, many people have been discussing the new product of Open AI. As the company points out, they trained a model called ChatGPT that interacts with users in a conversational way (in the form of a chat). The dialogue format allows ChatGPT to answer additional questions, admit mistakes, question false premises, reject inappropriate requests, etc. This product has been hailed as a revolution and a milestone in the development of artificial intelligence (AI).

25.08.2024

Litigations in the IT Industry: A Contractor’s Perspective

More and more often I encounter disputes in the IT industry. This shouldn’t be surprising. The ever-growing IT market must bring with it more and more court disputes. They usually concern issues related to the implementation of IT projects or contracts for the provision of IT services. Each court dispute is not only a time-consuming and costly matter, but also a risk of losing the reputation and trust of clients. In practice, every IT project raises a significant risk of litigation. In this article, we will provide best practices for IT contractors to prepare for a dispute.

10.08.2024

Termination of B2B Agreements in the Polish IT Sector

Contracts are most often thought of in the context of their contents. However, it’s good to think about some kind of exit plan right away. It is worth taking care of how the contract can be terminated. Both parties usually find out about the defects of contract termination clauses too late, i.e. when they want to terminate such a contract. How to approach this topic so that, on the one hand, you can secure your interests well, but on the other hand, so that the contract is not too flexible.

30.07.2024

Deep Tech: Transforming Industries with Cutting-Edge Innovation

Deep tech is a concept we hear about more and more often. Deep tech startups make up a relatively small percentage of startups in Poland, however, the sector is growing steadily, both in Poland and around the world. However, what is deep tech in itself? The term does not have a clear definition, but the easiest way to answer this question is to refer to the figure who first used the phrase deep tech.

25.06.2024

Best practices for negotiating an agreement with a software house

In the realities of the third decade of the twenty-first century, the use of the services of an IT specialist is becoming an integral part of running almost any business. Each such cooperation should be based on a professionally prepared contract adapted to the provisions of law in force in a given country. In my article I describe what you should consider when negotiating an IT contract with a Polish entity and I indicate the most important provisions of such agreement.

10.06.2024

Employee Poaching: How to Handle Competitors Stealing Talent?

In an era of exponentially growing demand for experienced specialists in various fields, access to developers, digital marketers, lawyers is crucial for gaining and maintaining a competitive advantage in the market. However, when professionals start to become scarce, companies look for a way to ‘poach’ such an employee from their rivals. We explain what employee poaching is, whether it is legal and, above all, how to effectively defend against it.