K&P Archives - 2025

2025 in the banking sector: legal and tax changes, and strategic challenges

1

The Polish banking sector underwent profound reforms and new regulatory obligations in 2025. Despite achieving record financial results, banks were faced with mounting tax pressures and changes in benchmarks, as well as the implementation of EU regulations concerning operational security, anti-money laundering, digital payments, the use of artificial intelligence, environmental issues, ESG reporting and green transformation. Against this backdrop, we also observed market consolidation, partly driven by growing competition from new banks. In this article, we explore how these factors have transformed the Polish financial institution market.

A Family Foundation: Your intergenerational treasury and our guide to secure succession

13

Every family business will eventually face the challenge of passing on the business to the next generation while ensuring that the accumulated wealth is not fragmented, sold or squandered. The solution to this problem is a family foundation. From May 2023, this solution has enabled Polish entrepreneurs to establish ‘family treasuries’ modelled on those in the West.

Chambers FinTech 2026. We feel the rhythm of innovation, which is why we’re at the top of our game

1

Fintech is not a place for theorists. It’s a world where algorithms outpace regulations and business decisions are made in fractions of a second. To advise effectively in this field, you need to understand technology as well as know the law. You also need to skilfully combine hard regulatory knowledge with business pragmatism. Thanks to our recognition in the Chambers FinTech 2026 ranking, we now have further proof that we can do both.

Atmospheric mini movie marathon

This year’s edition of our atmospheric movie evenings is devoted to cybersecurity and information manipulation. This is now one of the most significant digital threats we must learn to deal with, so we are concluding our series of training sessions on the topic with a selection of important documentaries to help us understand and combat these risks more effectively.

What EU businesses need to know about foreign subsidies

1

Just two months after the Regulation came into force, the Commission launched a high-profile investigation into a contract awarded by the Bulgarian Ministry of Transport and Communications for the purchase of electric trains from a major Chinese manufacturer. This was intended to emphasise the EU’s stance on unfair competition and its determination to combat this phenomenon.

Labour law: what lies ahead in 2026?

3

Changes to the way the length of service is determined, new executive ordinances for foreigners, and new powers for the National Labour Inspectorate are just some of the changes in labour law that will come into force in 2026.

The Data Act: Europe opens up the data market

42

Europe is undergoing a digital transformation. In fact, the Data Act changes the way companies will manage their data and use these new resources. It’s not just about compliance obligations; it’s also about opening up the European data market to new, modern business models.

Protecting designs exhibited at trade fairs

7

How can intellectual property and designs that have already been presented to the public, for example at trade fairs, be protected? All you need to do is exercise your exhibition priority right. This mechanism allows you to file an application for such a design at a later date without affecting its novelty. Let’s see how it works in practice.

Contractual practices prohibited under the Data Act 

9

One of the key aspects of the Data Act is the introduction of provisions on prohibited contractual practices. These provisions are intended to protect businesses operating within the broadly understood digital industry that have a weaker contractual position.

Europe’s new digital architecture: AI, data, security and privacy

44

Europe is undergoing a digital transformation. The Data Act, the AI Act, the NIS2 Directive and the GDPR are setting new directions in areas ranging from data collection and use to security and responsibility for technology. This is the most significant change to the regulatory landscape since the introduction of the GDPR, with the new […]

We joined United Legals for Good to bring Poland closer to a global circular economy

1

We have joined the United Legals for Good initiative, created by the United Nations Global Compact Network Poland, in order to support positive change in the world. Rest assured that this is not just another membership; it is a conscious decision to take on a leadership role in an area that will define sustainable business for decades to come.

Taxes that support business – our tax team in the global ITR World Tax 2026 ranking

1

In the latest edition of the prestigious ITR World Tax 2026 ranking, we are once again among the top tax advisory firms in Poland. Why is this so important to us? Because despite growing and increasingly fierce competition, and a clear trend towards specialisation and the exploitation of market niches, we remain at the very top among tax specialists. This confirms that our consistent implementation of our work philosophy and mission continues to deliver real results, proving that tax law is not just a set of regulations, but a powerful strategic tool for building our clients’ competitive advantage.

Social Impact EMEA: our vision for development recognised in Europe

1

We have been shortlisted for this unique award in two categories: ‘Professional Development Firm of the Year’ for our employee professional development programme, and ‘Mentorship Programme of the Year’ for our proprietary mentoring programme.

Those who have data have power. The Data Act redistributes this power

3

The EU Data Act, which came into force in September 2025, represents a breakthrough in the regulation of data access and use. Data generated by devices, ranging from agricultural tractors and industrial machinery to solar panels and transport fleets, is no longer the sole property of manufacturers. Other market participants now have the opportunity to access and use this data to develop new, innovative products and services. The Data Act marks a departure from business models based on data monopolisation, to one requiring data to be shared in accordance with its rules. We are therefore entering a completely new reality.

KSeF and transfer pricing: a new era of transparency and operational challenges

Team Banery

The introduction of the National e-Invoice System (KSeF) represents one of the most significant challenges for group companies in recent years. Although the KSeF is intended to simplify the invoicing process and reduce tax abuse, it also has a significant impact on transfer pricing, particularly with regard to the documentation and settlement of TP adjustments.

Contributing assets to a family foundation – what to keep in mind

7

A family foundation is a legal entity whose purpose is to manage wealth effectively and ensure its succession without the risk of dispersing assets accumulated over generations. Therefore, a key issue related to the activities of such an organisation is the contribution of this wealth to the foundation in the form of various types of assets that will work for the beneficiaries. Let’s take a look at what this process involves in practice.

Cloud migration after the Data Act: new rights, lower costs and greater freedom

9

The Data Act requires a significant change in approach to cloud services. Companies should review their contracts and start planning updates immediately. It is crucial to introduce appropriate switching provisions and remove or renegotiate exit fees. Companies must also prepare their infrastructure, both technically and organisationally, for interoperability and migration in accordance with the new regulations.

A decade of sustainable development

11

Ten years ago, the international community adopted the 2030 Agenda for Sustainable Development with 17 Sustainable Development Goals (SDGs). As a signatory, Poland committed itself to implementing measures in the areas of economy, society and the environment. A decade on, and it is a good time to summarise our achievements and the key ESG regulations that have shaped the legal landscape in Poland and throughout the European Union.

Dominik Wojtas at the helm of the Media and Media Litigation Practice

Team Banery

At the beginning of October 2025, Dominik Wojtas was made Partner and assumed the role of Head of Media and Media Litigation. In his new role, he will work closely with Piotr Kochański, Head of the Litigation and Arbitration Practice Group and, as before, will support the handling of our clients’ court cases.

Banking sector overview | Banking today and tomorrow | October 2025

Www En

According to estimates by the Polish Bank Association (ZBP), the last four months of 2025 may bring banks operating in Poland another PLN 10 billion in profits. This would set a new record, probably marking the last such good year. Forecasts for 2026 suggest that bank profits will decline to PLN 35 billion.

Foundations for the future: We advised Air Products on the sale of its production plant to KGHM

1

Air Products is a global leader in the industrial gas industry. KGHM is a Polish champion in the mining and metallurgy sector, and one of the world’s largest producers of copper and silver. The two companies have a long-standing business relationship and have just finalised a complex transaction that could represent another milestone for them, and we supported Air Products throughout the entire sale process.

We are building Poland’s energy future, which is why we have been named Highly Commended at The Lawyer European Awards 2025

2

The energy transition is an unprecedented opportunity that comes once in a generation. It offers a significant opportunity for dynamic development and represents a significant leap forward for many sectors of the economy and Polish businesses. Thanks to green energy from nuclear power and renewable energy sources, it is an opportunity for millions of people to live longer and healthier lives. And in the long term, this will be a real opportunity for the environment and nature to take a deep, fresh breath. We all need it.

We advised Swiss Life Asset Managers on a pan-European acquisition of Otovo’s continental portfolio of residential solar subscription assets

En

We advised on the Polish aspects of Swiss Life Asset Managers’ acquisition of Otovo’s solar subscription asset portfolio. This is undoubtedly one of the first transactions of its kind in the residential distributed energy sector in Europe. This has given us unique know-how and experience, significantly expanding our existing portfolio of energy projects.

Employing foreign workers in Poland after 1 June 2025

47

A new act on entrusting work to foreigners in Poland came into force on 1 June 2025. It sets out the rules under which employers may hire foreign workers, as well as the requirements that both parties must meet.

New tax limits for company cars

Tax En

From 1 January 2026, new limits will come into force regarding the inclusion of depreciation charges and lease payments for passenger cars in tax-deductible costs.

Foreign investments in companies from strategic sectors under state protection

Korpo En

On 24 July 2025, amendments to the Act on the control of certain investments came into force, including the removal of the time limitation of the provisions relating to the control of certain investments prior to foreign acquisition. These regulations were introduced during the COVID-19 pandemic and were valid for a specific period.

Draft amendments to the taxation of family foundations – what can be expected from 2026?

Fundacje En

On 29 August 2025, the Ministry of Finance published a draft amendment to the CIT Act introducing a number of changes concerning family foundations. The aim is to reduce tax abuse and ensure that foundations fulfil their original purpose of facilitating the stable succession of assets within the family. Let’s take a look at what exactly will change.

Key changes to the Restructuring Law. Implementation of the Second Chance Directive

Korpo En

The amendment, effective as of 23 August 2025, brings Polish restructuring law closer to EU standards. The implementation of the Directive on preventive restructuring frameworks, also known as the Second Chance Directive, has introduced measures to make restructuring procedures more effective and enhance creditor protection.

Banking sector overview | Banking today and tomorrow | September 2025

Www En

Proposing to raise CIT only for the banking sector is harmful and discriminatory. It is also short-sighted, and the highest price will not be paid by banks, but by millions of Poles saving for retirement and by the entire Polish economy, which is facing enormous investment challenges.

Łukasz Młynarkiewicz, a new equity partner and a powerful new energy at Kochański & Partners

łukasz En

The energy transition is undoubtedly the greatest economic, technological and social challenge of our generation. However, the huge investments being made amid a maze of EU regulations, the serious international dimension of the projects, the enormous social pressure, and the significant financial risk all create a demanding landscape in which it is extremely easy to lose one’s bearings.

Family Foundation – new horizons for family assets

EN Baner Na Www Pekao

What makes family foundations such a popular choice among Polish entrepreneurs? What are their advantages and disadvantages? Who really benefits from this solution and are there other, equally advantageous ways of securing company assets?

We have been shortlisted for The Legal 500 CEE Awards 2025 for our energy projects

Legal500 En

Energy transition is one of Poland’s top priorities, and an obligation to ensure security, independence and sustainable development for future generations. However, the transition away from fossil fuels, coupled with rising energy demand and the need to protect the climate, creates a complex puzzle in which every piece must fit perfectly.

Banking sector overview | Banking today and tomorrow | August 2025

Www En

The banking sector is undergoing a period of intense regulatory and technological change, as it attempts to balance consumer needs with financial stability. Effective implementation of new regulations while maintaining market competitiveness will be paramount.

A galactic lesson in IP

Ip En

Given that Poland invested nearly PLN 290 million in Sławosz Uznański-Wiśniewski’s IGNIS mission, organised by the European Space Agency (ESA), could it have made better use of its IP rights to promote this historic event? What conclusions can entrepreneurs and investors draw from Poland’s involvement in space exploration? Let’s find out.

Rules for the disbursement of benefits in family foundations

Fund En

Although family foundations have been around since May 2023, those wanting to organise their assets to pass them on to their family in the future – without having to liquidate their business or carry out complicated asset divisions – still have many questions. One of these is who decides on payments from the foundation and how these are taxed. Here, we explore how this works in practice and what you should know before designating the beneficiaries of your foundation.

We are ranked in the top ten by The Trademark Lawyer magazine in Poland

According to “The Trademark Lawyer Magazine”, our IP team is ranked among the Top 10 law firms specialising in trademarks and intellectual property. This is yet more confirmation that we are able to effectively transform the intangible value generated by our clients into their strongest asset.

How to structure a family foundation wisely

3

One of the key advantages of a family foundation is the flexibility to shape its internal structure as required. The legislature has granted the founders considerable freedom in this respect, enabling the foundation to be adapted to specific financial, family and business needs.

New rules for employing foreigners

5

The long-awaited Act on the Conditions for the Admissibility of Entrusting Work to Foreigners in the Republic of Poland came into force on 1 June 2025, replacing the previous legislation on employment promotion and labour market institutions.

The UDER2 draft: (theoretically) strengthened principle in dubio pro tributario

5

This principle, which states that doubts should be resolved in favour of the taxpayer, is set out in Article 2a of the General Tax Code and applies only in cases involving vague regulations. In practice, this leaves the tax authorities with considerable leeway for arbitrary application in proceedings where factual findings are crucial.

The Polish Deposit and Return System: a guide to the legal and tax rules

1

The Polish Deposit and Return System launches on 1 October. This is a real revolution for businesses, whether they are producers, importers, distributors or traders. Indeed, its implementation brings with it a number of challenges, including, perhaps less obviously, concerning VAT. Here is a brief guide to the most important issues relating to the Polish Deposit and Return System.

Act Amending the Labour Code or Poland’s response to the Equal Pay Directive

Labour En

On 3 April 2025, a new draft Act Amending the Labour Code appeared on the website of the Sejm. Prepared by the Extraordinary Committee for Codification Amendments, it differs significantly from the original parliamentary draft implementing the Directive (print no. 934), the first reading of which took place on 6 February 2025. On 9 May 2025, the Sejm adopted the bill without amendments.

How a family foundation can protect itself from ‘black sheep’

Fundacje En

Every family may unfortunately have members who can be confrontational, aggressive and uncooperative, who are in addition convinced that they are always right and that the world is always against them. They can create chaos and confusion, are a source of constant conflict or simply do not fit into the overall harmony. Sometimes we call them ‘black sheep’ because they cause difficult situations, place stress on relations or fail to meet expectations.

Key changes in tax scheme reporting (MDR)

Tax En

The significant changes in the tax environment and the growing expectations for fiscal transparency have prompted the legislature to streamline the existing provisions on the system for reporting tax schemes (MDR), thereby eliminating some procedural ambiguities. According to ministerial announcements, the main aim of the amendments is to improve the readability, clarity and consistency of the reporting system and more closely align it with that in force in the wider EU.

We advised PIB Group Poland on the acquisition of RCU Ubezpieczenia

1

We recently advised the Group on another transaction – the acquisition of RCU Ubezpieczenia and Ramius. This is another important step in the company’s development and implementation of its plan to consolidate the Polish insurance intermediation market. With this merger, PIB will gain new synergies and expand its range of services.

Amendments to the General Tax Code

Tax En

The Polish tax system could be in for a revolution. The Ministry of Finance has announced draft changes aimed at simplifying, streamlining and, in some areas, tightening the rules for dealing with the tax authorities.

Family foundations – what do you need to know?

Family Fund En

At some point, almost every family business is faced with the decision of how to develop the business they have built with their own hands, while at the same time protecting the capital they have accumulated over the years. A family foundation could be the answer.

Business-friendly tax law: four major deregulation proposals

Deregulkacj En

In the course of our work, we have identified countless areas where regulation is not so much a hindrance to business as a violation of fundamental principles of social justice and constitutional equality. Following an internal analysis, we have decided to propose deregulatory solutions in four specific areas. 

Landmark ruling in case involving use of data to train AI

Ai En

The U.S. District Court in Delaware has delivered a significant ruling in a case involving artificial intelligence trained on copyrighted Thomson Reuters’ data. Judge Stephanos Bibas ruled that Ross Intelligence had gone too far. This judgement, while not final, is a milestone in the legal world regarding the protection of content in machine learning.

M&A trends in the AI industry

New Tech En

Over the past two years, we have seen a significant increase in the number of M&A deals involving companies based on artificial intelligence or using AI components.

Banks 2025: Key sector challenges and the strategic role of law firms

1

Banks are no longer simply financial institutions, but organizations that simultaneously face multiple challenges: technological, regulatory, economic and social. This is one of the key conclusions of the Banking Forum 2025, the most important annual meeting of the financial industry in Poland.

ICLG – Employment & Labour Laws and Regulations, an overview of Polish employment law

Iclg En

The International Comparative Legal Guides (ICLG) is an acclaimed series of publications co-authored by the editors of the Global Legal Group (GLG) and an international panel of experts. It is a collection of key cross-border legal guides that are essential for law firms, companies, governments and individuals alike when doing business around the world.

Clean Industrial Deal – a package to support the development of clean industry in the EU

Energetyka En

The EU in the process of climate and energy transition In the European Green Deal,[1] the European Union has set long-term targets and actions to move the EU economy towards climate neutrality through decarbonisation and electrification based on investment in renewable energy sources. After five years in which the EU’s internal market has faced pandemic-related […]

ESG-linked loans – the financing of the future

1

Sustainability is an increasingly important element of business strategy. In this context, the banking sector plays a key role as a provider of finance for corporate investment.

Chambers Global 2025 for Kochański & Partners

1

This year’s Chambers Global 2025 international ranking results are now in. We have received hard proof that we have one of the strongest teams in the market for corporate and M&A law as well as litigation.

DORA comes into force

1

The DORA regulation came into force on 17 January 2025, which means that covered entities should already be prepared, as recently confirmed by the Polish Financial Supervision Authority (KNF). This is despite the fact that the law implementing DORA has not yet been adopted and the delay could be more than ten weeks.

Further successes in the WTR 1000 2025 ranking

2

We have just learned the results of this year’s list – and they are fantastic. Piotr Kochański makes his debut in the ranking, receiving an individual recommendation, and Karolina Marciniszyn, who co-heads the Intellectual and Industrial Property Law Practice with him, maintained her previous year’s.

The year 2025 from an IP perspective

Ip En

From February 3, it will be possible to submit applications for grants for intellectual property protection under this year’s edition of the program.

Forbes Diamonds – when the figures tell a success story

Diamenty En

We are one such company – a Forbes Diamond. In fact, we have both a high growth rate and a coherent, consistently executed business strategy that delivers ‘hard’ results, but also effectively changes the world around us, making it greener, more accessible and more open. But we are not resting on our laurels!

We have joined the Women’s Empowerment Principles initiative

1

So what can we do to empower women – and do it on their own terms? We have joined the Women’s Empowerment Principles initiative. And we are the first Polish law firm to do so. Not for an award or a certificate – but because we believe in the power of diversity.

New Technology Law in 2025 – what will the new year bring

Tech En

The new year of 2025 will see a number of important changes in new technology law. These range from AI and data regulations, through cyber security to the financial sector and digital services. We list the most important dates and look at upcoming regulations that will change the technological legal landscape.

Labour law in 2025

Labour En

The possibility of working on sick leave, Christmas Eve as a public holiday, and additional maternity leave for the parents of premature babies – let’s take a look at what has changed in labour law after the New Year.

AI in finance and tax – will it replace humans?

1

The complexity of regulations and the need to interpret them correctly still require the support of specialists who can comprehensively assess the situation and make appropriate decisions.