Piotr Kantorowski

Commercial information and direct marketing without prior and explicit consent – selected issues

The aim of the article is to examine legal regulations in the context of answering the question whether – and if so, then under which circumstances – marketing activities performed via means of electronic communication are legal when the party conducting these activities does not have the prior and explicit consent to perform them. In particular, the article will analyze the provisions of Article 10 of the Act on provision of services by electronic means and Article 172 of the Act – telecommunication law, which are the key legislative provisions to resolve this issue. To answer the question posed in the article, the subject and object scopes of both legal norms in particular will be compared. Such a comparison is necessary to determine whether – and if so, then what kind of – marketing communication can be made without prior and explicit consent. On the other hand, the author will not discuss more broadly the issues concerning the processing of personal data, although he will draw attention to the conditions that must occur in order for the personal data held by the controller to be used for the purposes identified above.
 

Content marketing in the context of selected legal acts

The aim of this article is to locate content marketing in the context of legal regulations. Thus far, in the literature on the matter there have been statements analyzing this form of marketing activity only within the context of the press, and what is more, these considerations have been limited to the analysis of issues related to Internet blogs. However, due to the fast-growing audio and video messaging on the Internet, it is appropriate to consider the phenomenon of content marketing in comparison with its forms, which, particularly as of late, have been significantly gaining in popularity. The need for a broader analysis of issues related to content marketing is not restricted to the emergence of this form of promotional activities. It also seems warranted to analyze this phenomenon more comprehensively on the basis of law, due to the fact that it is not limited to the subject matter covered by the Press Law in Poland. Therefore, the purpose of this article is the legal analysis of the content marketing phenomenon with the consideration of its less discussed forms, i.e. audio and video. Such considerations seem necessary, as this type of content is becoming increasingly popular and yet its authors still lack the necessary legal awareness to assess whether they are obliged to comply with specific legal obligations in connection with their creations and publications. The purpose of this article is to determine whether, and if so – in what cases, the authors of such content must comply with certain legal conditions in order to legally distribute it, which in turn will help to identify the specific liability of its authors in a given case.

Keywords: services provided by electronic means, radio, television, audiovisual services on demand, podcast, vlog, blog

Possibility of applying Actio pauliana to the division of a capital company – selected issues

The topic of this article is the possibility of applying Actio pauliana to the division of a company with particular emphasis on the division by separation in the context of the findings of the judgment of the European Court of Justice of January 30, 2020, case file no. C-394/18. Per that judgement, the remedies provided in the sixth directive constitute only the required minimal level of protection that should be provided to the creditors of a divided company. However, that protection does not preclude the existence of a more extensive protection under national law, such as the rules concerning Actio pauliana. The article provides an answer to the question whether the Polish law regulations allow for granting this form of legal protection to the creditors of a divided company, and if it does, then in what way the claim should be formulated and which particular legal actions should be contested.