We have more than 10 years of practical experience in the field of personal data protection law, dating back to the entry into force of the first Polish Law on Personal Data Protection in 1997.
We provide extensive legal advice in personal data and privacy matters, including registration of personal databases with the Inspector General for the Protection of Personal Data, internal procedures of undertakings concerning the technical and organizational conditions of personal data processing, the procedures related to the documentation of personal data processing, personal database transfer agreements, the liability of entities administering the personal databases and entities hired to process personal data, etc.
The following cases may serve as examples of the experiences of M&S lawyers in this area of law:
- implementation of an information system for persons whose personal data were processed by a company from the computer software market, pertaining to the fact of processing and special rights stemming from the privacy laws;
- registration of personal databases administered by companies from various market sectors with the privacy regulator;
- legal opinion concerning compliance with the personal data provisions of practices of a bank, consisting in the collecting of personal data such as a person’s image, her/his parents’ names, etc., obtained from the identity documents of persons opening bank accounts;
- legal advice regarding the collection of so-called sensitive data from employees by an employer;
- the rights of persons listed on various “richest Poles rankings” to demand that their personal data be removed from such databases;
- the obtaining of a precedential decision of the Inspector General for the Protection of Personal Data, granting individual consent for the transfer of personal data to a third country (Article 48 of the Law on Personal Data Protection);
- a detailed compliance audit of a company processing personal data in the pharmaceutical sector, including a legal opinion on its conformity with the mandatory law;
- drafting and negotiating of personal database transfer agreements;
- agreements on the processing of personal data by entities participating in the US “Safe Harbor” program of ensuring the appropriate standards of personal data protection.„Safe Harbor”.
Legislative activities (drafts and opinions)
Professors Janusz Barta and Ryszard Markiewicz participated as experts in the legislative work related to the Law on Personal Data Protection.