In the modern economy each entrepreneur deals with intellectual property, whether by operating internet portals, publishing books or constructing industrial facilities. Goods such as musical video clips, advertising banners, films, photographs, press titles, software, logotypes, patents, databases and the formats of TV and radio programmes or internet domains are protected by intellectual property rights. Advertising and marketing, used to gain a competitive advantage, are also strictly connected with IP rights. Similarly entrepreneurs who seek to keep pace with technological developments by undertaking activities via the Internet also deal with intellectual property. Information, including personal data, handled with by entrepreneurs on a daily basis, plays an important role in the information society. The universality of intangible goods requires entrepreneurs to protect their own rights by, for example, including clauses to protect intellectual property rights in agreements with employees, monitoring and paying for computer software licences, renewing registrations of internet domains etc. It also requires entrepreneurs to ensure that their own rights are not weakened by improper uses of their IP rights and that infringements committed by competitors are not tolerated. Conversely, entrepreneurs should minimise the risks of infringing others’ IP rights by taking legal advice from intellectual property specialists as regards the marketing of new products, the development of new marks, packaging, promotional campaigns, advertising slogans etc. SSW offers support as regards all of the above aspects of IP law.
New technologies, protection of information, including personal data
We are one of the few law firms in Poland that offers comprehensive advice in the field of privacy and personal data protection. We have an extensive experience in advising in the scope of the protection of personal data to entrepreneurs from various sectors, including on the issues of the flow of personal data in a group of companies within one country/in the European Union as well as within a group of companies located outside the European Economic Area. Moreover, the SSW privacy team takes part in various administrative proceedings in front of the Polish data protection authority and are acknowledged with the authority’s approach and practice. We are up-to-date with upcoming changes in the personal data protection law (both on the Polish and on the European level), and we advice our Clients how to prepare to those changes. Thanks to the skill of their synthetic presentation we offer to our Clients once a month: SSW newsletter containing information about latest amendments to legal regulations, relevant decisions of the courts, including information in the filed of personal data protection; ad hoc extensive discussion of the significant issue: „SSW Legal Alert”.
Lawyers from SSW’s Intellectual property, new technologies and protection of information practice are often lecturers on the conferences and workshops, for example as a member of British Polish Chamber of Commerce SSW Law Firm is a partner and originator of the meetings concerning protection of personal data, Joanna Tomaszewska was twice invited to joint lectures with the Inspector General for the Protection of Personal Data (GIODO). Joanna Tomaszewska conducted the introductory presentations during the panels "Processing of personal data in the capital group" and ‘Are you prepared for the upcoming changes? The reform of the provisions on the personal data protection’. The special guest of this events was Wojciech Rafał Wiewiórowski, the Inspector General for the Protection of Personal Data. More information about our last projects and publications regarding personal data.
Scope of services in this practice area:
- Activities with the principles of personal data protection, including implementation of new IT systems and combining databases of group of companies
- Preparing of and giving opinions on internal regulations, including privacy policies and employee’s regulations of the Clients with regard to rules of data processing in their business, use of IT equipment and activity in the internet network in terms of compliance with principles of personal data protection
- Conducting internal trainings dedicated for the Client regarding the rules of data processing in a corporation in accordance with the law
- Representing the Client in proceedings in front of the Inspector General for the Protection of Personal Data
- Complex legal advice regarding the flow of data in the capital group, including preparing of transfer agreements and documents necessary to transfer of personal data outside the European Economic Area, including, in particular, obtaining a consent of the Inspector General for the Protection of Personal Data for a transfer
- Legal advisory with regard to appointment of a data protection officer and practical implementation of documents connected with protection of processing of personal data
- Assessing the registrability of domain names, registration of domain names, ongoing legal protection and advising on any infringements of domain names
- Advisory regarding legal aspects of carrying out activity on the Internet – including provision of services in the electronic way
Industrial Property and Copyright
- Development of comprehensive strategy for the protection of Client’s intellectual property
- Preparation of projects and negotiation agreements for the creation of intangible assets, the transfer of copyrights, license agreements including trademarks
- Carrying out audits to assess the risks of economic transactions in the field of intellectual property rights
- Obtaining and maintaining the protection of industrial property rights, including conducting registration of the said rights under national, European and international regulations
Media and Advertising Law
- Providing legal opinions and legal advice on the use of trademarks in advertising and promotional activities
- Creating and providing ongoing support of all marketing activities, including loyalty programs, preparation of contests’ regulations and promotional campaigns aimed at consumers and businesses
- Providing legal opinions on the legal restrictions on advertising (advertising of alcoholic beverages, tobacco products, gambling, pharmacies, medicinal products)
- Assessing, developing and negotiating sponsorship agreements as well as agreements for the creation of advertising materials including POS, movies, logos, press releases and photo images.
On 15th March in British Embassy in Warsaw, the meeting of the British Polish Chamber of Commerce’s working group titled “Changes are coming – data protection revisited – the planned EU regulation from the perspective of the regulator and the practitioner” was held. SSW Law Firm was the co-organizer of this event in which almost one hundred representatives from leading Polish and foreign companies took part.
The prospective revolutionary changes in data protection, that will be directly applicable across the EU without a necessity to implement them in the national legislation, has been presented by Ms. Joanna Tomaszewska – PhD, attorney at law, partner responsible for the data protection practice in Spaczyński, Szczepaniak Law Firm sp.k and Mr. Piotr Drobek – Deputy of the Director of the Department of Social Education and International Cooperation of the Office of the General Inspector for Personal Data Protection.
We invite you to watch the video of this event:
- Conducting numerous due diligence processes regarding intellectual property, new technologies and protection of personal data as part of M&A transactions concerning, amongst others, retail centres, a golf course etc.
- Providing comprehensive advice on the protection of information, telecommunications law, and marketing operations for a Belgian entity from the petrochemical industry
- Notifying data sets for registration to the Inspector General for the Protection of Personal Data (GIODO) and assessing whether the given data sets are subject to registration on behalf of entities from the medical, financial and clothing sectors
- Providing comprehensive legal advice on the drafting and implementation of documentation to secure the processing of personal data on behalf of companies from the real estate, IT, financial and gardening sectors
- Providing comprehensive legal services to an entity from the financial sector as regards its online operations, from the perspective of compliance with unfair competition law, consumer protection, provision of services by electronic means and data protection law
- Advising a Belgian entity from the petrochemical industry on information protection, telecommunications law and marketing activities
- Advising one of the largest Polish entrepreneurs from the clothing industry the law governing advertising, trademarks, and unfair competition
In 2016 Legal 500 EMEA, SSW was recognised in the area of TMT - the electronic communications and personal data protection practice.
In 2015 Legal 500 EMEA, SSW was recognised in the area of TMT - the electronic communications and personal data protection practice.