Paweł Gruszecki

Attorney at Law, Partner, Head of New Technologies & Telecommunications Practice

Paweł Gruszecki
phone:
+48 12 296 8700
mobile:
+48 660 765 922
office:
Cracow

He has extensive experience with complex projects requiring comprehensive knowledge of IT, copyright, media and telecommunications law. As examples, he participated in negotiations of an agreement for the management and development of telecom infrastructure (managed services agreement); the development of assumptions of a business model for a company planning to provide DVB-H mobile television services; negotiations of an agreement for implementation of an OTT platform and preparations of legal assumptions for a comprehensive logistics and payment system developed to increase e-commerce sales. He also possess experience in supporting start-ups which implement solutions in areas such as the Internet of Things, network security, development of advanced digital products (digital agencies), software (software houses), e-sports, cloud computing or brokering databases.

Between 2007 and 2014, he worked in the TMT (Telecommunications, Media, Technologies) department in on of the TMT specialist law firms in Poland where he was responsible for legal support to internet service providers (including the operator of the most popular search engine in the world and operators of leading web-based portals in Poland) and telecom operators (including the largest landline operator in Poland and various mobile phone operators).

From 2010 to 2014 he has acted as an Expert to the Union of Employers in the Internet Sector, Internet Advertising Bureau (IAB Poland), dealing with such issues as legislative works aimed at implementation of the Audiovisual Media Services Directive (AMSD), Consumer Rights Directive, as well as the amendment of the Act on Providing Services by Electronic Means.

Paweł has also been a lecturer at the following: Inter-faculty Post-graduate Studies “Information Society. Smart City.” (2009-2012), conducted by the Faculty of Physics, Astronomy and Applied Computer Science and the Faculty of Management and Social Communication at the Jagiellonian University, at post-graduate studies “E-marketing” (2011-2014) organised by the Lazarski University in Warsaw (University of Commerce and Law in Warsaw), at postgraduate studies “European Master in Social Media & Web Marketing” (2014), as well as  at post-graduate studies “Internet Marketing” organised by the Kozminski University in Warsaw (since 2013), and at an academic course for writers conducted by Collegium Civitas (since 2014). He has authored or co-authored numerous publications and training programmes with respect to the law of new technologies.

Before he joined K&P, Paweł was the Leader of the Internet Media & Telecommunications Practice in a top TMT law firm and the founder and managing partner of the boutique law firm TML (Technology & Media Law).

Languages: Polish, English, Spanish.

Membership: The Cracow Bar of Legal Advisors, Foreign Affairs Committee of the Cracow Bar of Legal Advisors.

Education: Jagiellonian University (Master of Laws 2005; Intellectual Property Law Institute at Jagiellonian University, post-graduate studies 2008).

  • Participation in negotiations of an agreement for the building and maintenance of telecommunications infrastructure (managed service agreement), negotiating an agreement for the implementation of an OTT platform, and day-to-day legal assistance in respect of telecommunications law and Premium Rate Services.
  • Participation in developing the legal assumptions underlying a business model for a company planning to provide DVB-H mobile television services.
  • Ongoing legal assistance to SILVAIR brand which develops innovative solutions for the Internet of Things.
  • Developing the legal assumptions underlying NEOCLICK, a comprehensive logistics and payment system designed to increase e-commerce sales.
  • Day-to-day legal assistance to a search engine provider in its relations with collective management organizations (CMOs), advising on localization (i.e. adaptation to national legislation) of global solutions, products and services, and supporting the provider’s services as regards regulations on permitted advertising.
  • Advice to an internet hosting service provider in the localization of such service in Serbia, Bosnia and Herzegovina, Montenegro and Macedonia.
  • Drafting and negotiating IT contracts, including implementation, service, licence, hosting, IT infrastructure supply contracts, SaaS contracts, "smart city" contracts, and other IT market-related contracts.
  • Drafting software development agreements (including agile agreements implemented in accordance with AGILE methodology).
  • Preparing legal opinions on IT law, copyright law, contract law, personal data protection and payment services, including new business models/solutions at the interface of IT/telecommunications/personal data/payment services.
  • Performing contract risk analysis at the stage of making proposals/contract negotiations, and making recommendations on how to mitigate such risks for the Client.
  • Drafting and negotiating contracts for the development of digital products.
  • Legal assistance to a television broadcaster during negotiations of contracts with business partners, and advice on public regulations pertaining to media law and the Gambling Act.
  • Advice to web portals in respect of the Telecommunications Act and the Gambling Act, as well as regarding the admissibility of the processing of personal data of service users.
  • Advice related to the implementation by then-current Ministry of Administration and Digitization of Project No. POIG.08.03.00-00-002/11 titled “System Project: Activities for the Development of Broadband Internet Access”, and, as part of the project: (A) legal assessment of the Proposal for a Regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks (COM(2013) 147 final) as regards its compliance with the principles of subsidiarity and proportionality enshrined in the Treaty on European Union (Journal of Laws 2004.90.864/30) and: (i) the impact of the entry into force of the regulation on domestic legislation, including an indication of specific legal provisions which would require amendments (which also includes proposals for specific amendments), and (ii) the form of implementation of the initiative, i.e. the form of regulation, also in respect of other options to be considered, as specified in the Regulatory Impact Assessment, and; (B) drafting appendices to the “Reference Offer for Access to Telecommunications Infrastructure Iuilt by Local Government Units with the Use of EU Public Funds”; (C) preparing an “Analysis on Network Operation” and “Analysis on the Investment Process” in relation to the Internet for Mazovia Project; and (D) drafting a guide for road managers titled “The Construction of Telecommunications Infrastructure in the Right of Way”.
  • Drafting and negotiating telecommunications access agreements (including network interconnection agreements).
  • Drafting reference telecommunications access offers in respect of network interconnection, leased lines and local subscriber loop unbundling.
  • Advising on telecommunications law in connection with an international project involving the lease of telecommunications lines and transactions contemplating a swap of telecommunications infrastructure.
  • Drafting and negotiating contracts for the provision of audio-visual content to cable network operators.
  • Classifying services as telecommunications services within the meaning of the Telecommunications Act.
  • Legal services in respect of disclosing telecommunications secrets to the so-called authorised entities.
  • Drafting and issuing opinions on the terms and conditions of telecommunications services, special offer terms and conditions, telecommunications service agreements, and telecommunications tariffs, to determine their compliance with telecommunications law and consumer protection law, including identifying prohibited contract terms (unlawful clauses).
  • How to secure production techniques and their results from copying?, "Tworzywa sztuczne w przemyśle" magazine
  • The laws you need to obey, chapter in: Startup Manual, Marek Piasek (WOLVES SUMMIT), October 2015
  • Construction of road telecommunications infrastructure. Guidance for road managers, Ministry of Administration and Digitization, June 2015
  • Protection of minors in VOD services, in: Protection of minors in audiovisual media services on demand, IAB Polska, December 2014
  • The impact of the Internet on the economy in Poland, IAB Polska/"Harvard Business Review", November 2014
  • Changes in legislation, in: Strategic report of IAB Polska 2014, supplement to "Media & Marketing Polska", June 2014
  • Consumer Rights bill, "Galerie Handlowe" magazine, June 2014
  • Mobile Online in Poland: Barriers to development of mobile internet market, "Harvard Business Review", June 2014
  • Terms and Conditions of e-shop - five biggest mistakes, "Online Marketing Polska" magazine, January 2014
  • Video online in Poland: Barriers to development of video online in Poland, "Harvard Business Review", December 2013
  • IAB Poland Expertise regarding barriers to e-commerce, IAB Polska, October 2013
  • Regulation of the Electronic Communications Sector in the Context of Media Convergence in the United States of America and the European Union, "Państwo i Prawo" periodical, March 2007
  • Abuse of Good practice, "Marketing w Praktyce" magazine, June 2006
  • Virtual Operator (MVNO) - Real Strategy, CEO, "Magazyn Kadry Zarządzającej", March 2006