We work mainly with clients from IT, TMT and e-commerce areas, both within defined projects and as a comprehensive, ongoing service. Our knowledge of the industry’s challenges, pitfalls and opportunities gives us an advantage in offering sound business solutions.
We advise on the level of international capital groups as well as local entities. Among our former and current clients are, among others, a global telecommunications company (a Norwegian provider of telephone and television services), a global software engineering firm, one of the largest Polish cloud computing services’ provider, an internationally recognized software house, and a closed-end fund investing in technology companies.
They have trusted us:
Online business requires modern legal solutions tailored to the client’s needs. The key to success is to achieve legal security while maintaining innovation, dynamism and effectiveness.
Our support in the field of E-commerce may include, in particular:
– Designing a secure on-line sales model, including a user-friendly shopping path that meets the requirements concerning consumer protection, personal data and provision of services by electronic means
– Creating and updating terms and condition for the provision of services and sales
– Advice on building and using databases
– Legal support for organizing promotions, competitions and social media channels
– Legal advice on implementation of newsletters and marketing communication
– Negotiating contracts for the purchase and implementation of an e-commerce platform, handling payment channels, delivery of goods (couriers), sharing databases, entrusting of personal data for processing, licensing or personal image use
– Legal advice on the application of user-generated content
– Support in communication with users, including changes in regulations, data leaks, errors on the site (e.g. incorrect price) and disputes
– Contact with relevant authorities
– Comprehensive e-commerce audits
Personal data and GDPR
Every company processes personal data. We effectively support clients when implementing GDPR requirements. We also run privacyfoxes.com, specially dedicated to privacy issues.
Our support in the field of personal data protection may include, in particular:
– Verifying compliance obligation and scope of application of GDPR in current operations
– Comprehensive legal audits of any applied solutions, including post-implementation audits and verification of already implemented measures
– Coordination of implementation of GDPR across a capital group or between individual departments of a company
– Preparation of any necessary documentation both within the corporation and in external relations
– Negotiations with contractors (e.g. entrusting agreements)
– Conducting a Data Protection Impact Assessment (DPIA)
– Contact with the appropriate office for personal data protection
– Handling queries of people whose personal data is being processed by the company
– Remote training, including the preparation of training materials and e-learning
– Performing function of a Data Protection Officer (DPO)
– Consultancy concerning creation of a central system for managing consents, establishing guidelines for the formulation of consents, fulfillment of information obligations towards the persons whose data is processed (SAR, Data Portability) and governing the implementation of technological tools delivered by third parties, that map processes and processed data, also creating internal documentation thereof
Mergers, acquisitions and restructuring
The processes of mergers, acquisitions and restructuring are complex strategic projects. For their implementation, besides legal support, it is often necessary to involve a wider team including financial analysts and specialized consultants conducting due diligence. Depending on the context of the transaction, we offer comprehensive support, including acquisition of trusted partners and coordination of their work.
We have experience in M&A transactions and restructuring of companies from various industries, including: FinTech, call centers, private hospital networks, pharmacy chains, industrial insect breeding and processing and start-ups.
Our support in the field of M&A may include, in particular:
– Developing the legal and tax framework for a transaction
– Negotiating sales contracts (initial/conditional and final)
– Mergers, transformations and divisions of companies as well as transformations of sole proprietorships
– Assisting with the development and execution of a “business angel”-programme
– Conducting due diligence
CONTRACTS AND NEGOTIATIONS
“Good fences make good neighbors”. And good contracts are the foundation of good business. They protect against risks existing at the time the contract is concluded, as well as the ones that may occur in the future during its implementation, or at the end of a cooperation. When preparing contracts, we take into account the current practice of courts and authorities applying truly effective solutions. We also provide comprehensive tax coverage, regarding both income taxes and VAT.
A good contract draft is only half the battle. The conviction of the contractor to favorable solutions is crucial. As experienced negotiators we often take over conversations, helping clients achieve their business goals.
Our support in the field of contracts and negotiations may include, in particular:
– Creating agreement templates related to the company’s operations, such as contracts of employment, orders, cooperation, subcontracting, as well as regulations of sale, purchase, provision of services, etc.
– Creating and negotiating dedicated contracts for specific, one-off transactions
– Creating agreements for licensing, transfer of copyrights or implementation
We offer comprehensive support in setting up companies in Poland and with their ongoing operations, including gathering of all necessary corporate documentation and representation in registration proceedings.
Our support in the field of corporate consultancy may include, in particular:
– Strategic advice on creating employment/cooperation frameworks for management board members and other key people
– Developing and implementing a model for protecting trade secrets and information security in the company
– Preparing managerial contracts and motivational solutions
– Acting as an attorney/proxy during partner meetings or general assemblies of shareholders
– Supervision during processes of unification of corporate practices at the level of capital groups
– Support with compliance issues
Every contract, byelaws and business activity have certain tax consequences. Often different from the legal classification of the given activity.
When tailoring advice, preparing transactions or any documents, we always verify them in terms of tax liabilities, current practice of the authorities and planned changes.
In this way, we are able to create optimal solutions both legally and tax-wise taking into account the client’s intentions. During our work with clients, we always explain how the actions taken will affect settlements with the tax authorities. We also collaborate with tax and accounting advisors, so that the client can obtain a complete set of information allowing for the correct execution of the transaction.
Our support in the field of taxes may include, in particular:
– Assessment of tax consequences of a planned transaction
– Creation and implementation of various remuneration models, for employees, co-workers as well as managers and board members
– Elaborating the rules for documenting specific transactions, including the correct identification of the moment when the tax obligation arises
– Preparation of feasibility studies (with particular emphasis on the tax context) for transactions involving separation of organized parts of an enterprise, transferring of trademarks ownership etc.
– Preparing applications for issuing individual tax interpretation, further contact with the authorities and conducting the case at the judicial stage
– Advice on applying international agreements on the avoidance of double taxation.
Running a business requires skillful use of intellectual property in terms of applying effective legal solutions that enable drawing on the best solutions proposed by the market, as well as protecting own products and know-how and monetizing it.
Our support in the field of intellectual property may include, in particular:
– Developing a model for the acquisition and management of intellectual property rights, including the creation of necessary agreements and licensing systems
– Creation and implementation of trademark registration strategies, taking into account the current and planned subject/area of the client’s activity, including the coordination of the work of foreign patent offices
– Negotiating and resolving disputes with parties using similar markings
MEDIA AND ADVERTISING
Developing a business is often associated with a constant presence in the media and in the minds of target groups, as well as with maintaining a positive image.
Our support in the field of media and advertising may include, in particular:
– support in the creation and implementation of marketing strategies that are viable in terms of advertising law and comply with rules for the collection and processing of personal data (leads), restrictions on the transmission of commercial information and regulations on competition and consumer protection,
– support in the conclusion and settlement of contracts with media houses (sale of advertising space),
– creating models for conducting competitions and promotions using various channels, providing templates for terms and conditions, securing the acquisition of copyrights to submitted works, etc.,
– consultancy on contracts with vloggers, bloggers, etc.,
– giving opinions on contracts regarding the creation of advertising materials, including TV and radio spots, etc.,
– advising companies that operate in areas with special regulations concerning acceptable forms of advertising, reporting about business activities and building brand value.
PERSONAL RIGHTS AND IMAGE PROTECTION
Image and reputation are values, that need to be protected.
Our support in the field of image protection may include, in particular:
– Advice on concluding agreements allowing third parties to use the image of a given company or person (e.g. sponsorship agreements)
– Combating violations of image/personal rights (e.g. hate speech, offensive content, threats), including effective blocking of content (e.g. on the Internet)
– Representing clients in court