2024 SUMMARY: LAW

2024 through the eyes of Bartłomiej Baran

Interview published at the aboutMarketing editorial.

The most important legal changes of 2024 from the perspective of the marketing industry

The most important legal changes in 2024 certainly include the EU Artificial Intelligence Regulation (AI Act), which sets the regulatory framework for the development, implementation and use of artificial intelligence within the European Union. Its goal is to harmoniously combine the safe and responsible use of artificial intelligence with respect for citizens’ rights and continuous support for technological development. Technologies brought to the EU market will thus have to meet rigorous standards, which is intended to protect the rights of consumers and citizens, as well as build public trust. Of particular interest seems to be how AI regulations will affect its use in public areas – for example, in the administration of justice or in electoral processes. Similarly, it will be interesting to see how the development dynamics will unfold in the banking sector, where the importance of AI is even strategic. Thus, a bill is currently under way, implementing the AI Act in Poland. What form it will eventually take in 2025 will also define how modern technology will develop in Poland. It is certainly worth following these processes next year.

Another important change in the year just ended was the amendment to the Sejm’s Rules of Procedure, intended to improve the quality and transparency of the legislative process at the parliamentary stage. The obligation to attach Declared Regulatory Impacts to parliamentary bills (similar to the Regulatory Impact Assessment in government printouts), the restriction of fast-track procedures, and the justification and publication of amendments should certainly be assessed as a step in the right direction in terms of the transparency of the legislative path. Until now, parliamentary drafts were often of low quality, without economic and legal analysis. Amendments could even be submitted in the form of handwritten notes, at the last minute and without due scrutiny by citizens. Also to be appreciated is the introduction of public consultation of parliamentary projects through a special form on the Sejm website. This allows citizens a new form of public participation in the legislative process. The introduction of a deadline for committees to report to the Sejm on the referred bill is also welcome. This should allow at least partial unfreezing of the bills. However, a full assessment of the results of the implemented solutions will certainly be possible only in a few months.

Provisions of the Law on the Protection of Whistleblowers also went into effect in 2024. Companies with at least 50 employees are henceforth required to implement an internal reporting procedure, guaranteeing the whistleblower both anonymity and protection from retaliation. The law provides for financial penalties and even imprisonment for violations. This is a step in the right direction, allowing to guarantee the safety of people who gain the not easy courage to report violations at their own workplaces. It is a positive sign that the legislature openly supports these actions.

Challenges and changes in the law from a marketing industry perspective that we can expect in 2025

Among the significant legal and economic challenges of 2025 will certainly be the implementation of a deposit system, which aims to reduce the amount of mixed municipal waste collected by municipalities and increase recycling rates. Large stores, with an area of more than 200 sqm, will have to collect empty packaging and give a deposit. Smaller stores, on the other hand, will charge a deposit, but joining the packaging collection system will be voluntary in their case. The entry into force of the law will significantly change the regulatory landscape of the waste or FMCG industry, but also the daily lives of millions of Poles. It is worth mentioning that stakeholders have been preparing for this moment for a long time, and the introduction of the regulation has already been postponed from January to October 2025.

In 2025, the e-Delivery system will also become widespread, which is expected to replace ePUAP and registered letters. The digital streamlining of communication with authorities and courts is a downright revolutionary step. It offers high hopes for a significant acceleration of case processing in Polish offices and courts. The program will be developed and expanded in the coming years.

The Polish presidency in the first half of 2025 will also be a very important area in the legal context. On December 10 this year. The Council of Ministers adopted the presidency program, which includes, among other things, measures for European defense, combating hybrid threats, coordination in combating disinformation, measures for energy transition with a full shift away from imports of Russian energy sources, or digital transformation of health care. Many of these activities need to be underpinned by regulatory antecedents, which will be an important test for Polish policymakers.

Among the issues still relevant in public discourse is the still unresolved dispute over the rule of law, which still does not promise a possible solution and adds to the legal and administrative chaos that has prevailed for several years. Recent changes in the composition and leadership of the Constitutional Court, as well as the lack of those willing to fill vacancies, leads to the conclusion that without a constitutional reset, the position of this public authority will be increasingly depreciated. The results of the presidential elections may also be important in this context, which will undoubtedly be closely monitored by political observers and commentators.

 

Bartłomiej Baran
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