RODO, AML, CRBR (compliance)

Not only are there more and more obligations incumbent on entrepreneurs, defined by letter abbreviations, but most importantly they cover a growing range of companies. Despite the fact that the awareness of entrepreneurs in this respect is growing, they are often unable to cope with these obligations on their own. That is why we take care of many of our clients so that they run their business in accordance with the regulations and we offer these services also to other entrepreneurs. Our services include, among others:

  • audits in the field of personal data processing, development of documentation in the field of obligation fulfilment, accountability, including procedures for implementation of rules of conduct, their application and response to violations, and finally we help to implement solutions,
  • verification (opinion) of compliance of the applied solutions with the regulations in force (such as rules and procedures), or organization of events or marketing campaigns in accordance with the regulations on personal data protection,
  • trainings on specific types of obligations dedicated to the industry in which the Client operates, such as personal data protection, compliance with anti-money laundering regulations, determining the beneficial owner (our lawyers have trained, among others, attorneys of the Krakow Chamber in the application of the provisions of the AML Act, corporate executives in the area of personal data protection obligations, the staff of a holding company of municipal companies in the application of the provisions on beneficial ownership and the CRBR),
  • development of complete solutions for personal data protection and assistance in their implementation (e.g. in a nationwide network of real estate agents, in a company producing construction materials, in a language school),
  • preparation of agreements concerning the processing of personal data with contractors; preparing replies to requests and demands of persons whose personal data are processed,
  • developing solutions to ensure compliance with the provisions of RODO and AML in contract templates and when concluding remote agreements,
  • develop internal anti-money laundering and counter-terrorist financing procedures, including whistleblowing procedures, and implement KYC (“know your customer”) mechanisms,
  • preparation of website and cookie security policies, as well as IT solution implementation processes (e.g. for an ophthalmology clinic),
  • representation of entrepreneurs in control proceedings and in proceedings arising from incidents of personal data infringement (we have successfully appeared before the PUODO in proceedings concerning, among others, “theft of personal data”, allegations of improper performance of duties with respect to personal data protection),
  • assistance in identification of real beneficiaries in companies and then in reporting them to the Central Register of Real Beneficiaries (we have many successful registrations of real beneficiaries in CRBR).

 

Awareness of personal data protection obligations is relatively the highest, but the obligations arising from the Anti-Money Laundering and Countering the Financing of Terrorism (AML) Act cover a growing group of entrepreneurs, not only those operating in the financial sector, and are no longer so “popular”. Obligations under the AML Act must be fulfilled by, among others, real estate agents, attorneys, legal counsels, notaries public, but also any entrepreneur who accepts cash payments exceeding the amount of EUR 15,000.

The term “beneficial owner” is also derived from the AML/CFT legislation. Beneficial owners of companies are subject to mandatory registration in the Central Register of Beneficial Owners (“CRBR”). However, the statutory definition is ambiguous and raises many practical concerns, particularly in the case of a complex ownership structure.

We assist in the performance of many other obligations incumbent on entrepreneurs (e.g. regarding the National Court Register, environmental protection (BDO), fulfilling the obligation to provide information in declarations of intent or on websites, obligations to submit data to the register of land, buildings, premises or the Central Register of Building Emissions) as part of our other specialisations.

Grand opening

We had the extremely pleasant opportunity to participate in the opening of