Milewska Legal

Law of contracts

NDA (Non-Disclosure Agreement) – is it worth signing?

The NDA (Non-Disclosure Agreement), is an extremely popular business contract. It is designed to protect information of particular importance to a party (usually financial, business, commercial, technological). An NDA may be concluded either before, at the beginning of or during a business relationship. What are the characteristics of an NDA and when is it worth considering signing one?

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Legal status of a Limited Liability Company (LLC) in Poland

The Polish Limited Liability Company (in Polish: spółka z ograniczoną odpowiedzialnością; sp. z o.o.) is the most common form of establishing a company in Poland. The LLC is frequently chosen by small entrepreneurs as well as by large international groups, both Polish and foreigners.

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Risk of conversion of a B2B contract into an Employment Agreement

Employers take varied measures in order to mitigate costs of employment and eliminate a part of their responsibilities. Some of them, instead of classic employment contract, conclude so-called B2B agreements with job applicants. Others decide to change the method of “employment” after it commences – they decide to change from employment contract to B2B contract. However, concluding B2B contracts can result in some particular kind of risk.

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Non-competition clause in civil law agreements

The non-competition clause is widely applied to employment agreements (both during their term and, above all, after termination of employment). The non-competition clause after the termination of the employment agreement is strictly linked with the obligation of paying the employee a compensation for refraining from competitive activity in the amount of at least 25% of his salary. This minimum level of employee protection is guaranteed by the Labour Code.

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B2B agreements in the IT sector

The experience of our law firm shows that the IT sector is one of the most frequently using B2B contracts in relations between the “employing” entity and the developer. This type of agreement has also been used more and more frequently by foreign entities, which are looking for qualified IT staff in Poland. What are the characteristics of B2B agreements in the IT sector and why are they so popular particularly in this field of activity?

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Contractual and statutory warranty – similarities and differences

Not everyone knows that Polish system differentiates between contractual warranty and statutory warranty. They are two diverse instruments, yet used in relatively similar situations. Even less people are aware of the exact differences between them. What are the differences and what are the similarities between contractual and statutory warranty?

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