Newsletter

Dear Readers,

in the July edition of our newsletter, we draw your attention to ongoing legislative works concerning the transparency of the Central Register of Beneficial Owners, as well as the pilot program introduced for voluntary reduction of working hours in workplaces. We also present changes affecting Polish entrepreneurs with regard to consumers, effective from the end of June, following the implementation of the so-called Accessibility Act. Additionally, we highlight the parliamentary works concerning the removal of the system of announcements in the MSIG regarding entries made in the NCR, as well as planned improvements in the functioning of the register for family foundations, announced by the Ministry of Justice.

Enjoy your read,

WBW Team

Revolution in Data Transparency in the Central Register of Beneficial Owners

Sebastian Michalak, lawyer
Daria Pawlak, paralegal

The Central Register of Beneficial Owners (CRBR), since its inception in Poland and in other EU member states, has been controversial due to the wide scope of transparency regarding personal data of individuals involved in business activities. This issue was addressed three years ago by the Court of Justice of the European Union (CJEU), followed by the European Parliament and Council (EU), which adopted Directive 2024/1640 of May 31, 2024. This directive introduced a rule stating that information about beneficial owners should only be made available to individuals or organizations that can demonstrate a legitimate interest in obtaining such information.

The Implementation of the Directive into Polish Law

In April 2025, the Ministry of Finance began working on implementing the solutions adopted at the EU level. A draft amendment to the Act on Counteracting Money Laundering and Terrorism Financing (AML) was prepared. According to the plan, which has not been changed so far, the amendment was supposed to enter into force on July 1, 2025. However, as of today, the draft has not yet been approved by the Council of Ministers and submitted for parliamentary work. Legislative works are currently underway under the RCL register number UC75.

Key Changes

The key change is the repeal of the general rule of CRBR transparency. Under the proposed regulations, direct access to the data will still be granted to certain public authorities and institutions obligated to implement financial security measures. In other cases, information from the CRBR will only be provided to entities that can demonstrate a legitimate interest related to preventing or combating money laundering, terrorism financing, or illegal activities related to benefits that could be subject to money laundering. By law, it will be presumed that a legitimate interest applies, for example, to journalists, NGOs engaged in public benefit activities, and employees of institutions in the higher education and science sector.

The amendment will, therefore, prevent browsing the CRBR for the purpose of obtaining business or personal information about competitors or potential partners, unless it is connected to the purpose for which the CRBR was created. Moreover, the amendment will also clarify the aspects of control related to transactions assessed for the purposes of preventing money laundering and terrorism financing. In particular, institutions obligated under the AML Act will be required to take into account the development of new services, products, delivery channels, and emerging technologies when assessing the risk of money laundering and terrorism financing. Furthermore, the scope of the Act and the duties of the General Inspector of Financial Information will be extended to include aspects related to countering the proliferation of weapons of mass destruction.

Pilot Program for Reduced Working Hours Without Salary Reduction

Martyna Kotleszka, paralegal
Sebastian Michalak, lawyer

The Ministry of Family, Labour, and Social Policy launched a pilot program at the end of June aimed at reducing weekly working hours while maintaining the same salary. The program, funded by the Labour Fund, includes three months of preparation and several months of testing in selected companies. The goal is to improve employee well-being and assess the impact of reduced working hours on work efficiency and organization.

According to the Ministry’s announcement, the application period for participation in the program will run from August 14 to September 15, 2025. The list of recommended projects for registration is to be published by October 15. The adopted schedule stipulates that the preparation of workplaces for the program and the signing of agreements should take place by December 31, 2025. The program is expected to be implemented from January 1 to December 31, 2026, with a final report submitted to the Ministry by May 15, 2027.

The program is available to all entrepreneurs who meet the following conditions:

– conducting business for at least 12 months before the application submission date, 

– employing at least 75% of employees based on employment contracts, appointments, selections, nominations, or cooperative employment contracts,

– involving at least 50% of employees in the project,

– maintaining employment levels at no less than 90% of the initial state as stated in the application,

– maintaining the salaries of employees participating in the pilot program at no less than the level existing on the date the pilot program starts, throughout the entire duration of the program,

– no deterioration in working conditions or salaries of employees involved in the program.

Obligations Under the So-Called “Accessibility Act”

Martyna Kotleszka, paralegal

On June 28, 2025, the Act of April 26, 2024, on ensuring the accessibility of certain products and services by businesses came into force, also known as the Polish Accessibility Act. This law implements the EU Directive 2019/882, the European Accessibility Act (EAA), into Polish law, imposing new obligations primarily on producers, importers, distributors, and service providers.

The new regulations cover the obligation to ensure the accessibility of various products and services, including computers, payment terminals, ATMs, ticket machines, as well as audiovisual, telecommunications, transport, banking, e-commerce, and e-publication services. The law does not apply to micro-enterprises, but their voluntary adaptation to accessibility standards may be regarded as beneficial both for business and branding purposes.

Accessibility requirements include the presentation of information (contrast, magnification options, alternatives for sound and visual messages), as well as the functionality and operability of products for people with different types of disabilities. Products and services failing to meet accessibility requirements may be subject to control by industry regulators (e.g., UKE, UTK, ULC), and entrepreneurs may be charged with the costs of inspections and administrative penalties.

End of Announcements Regarding NCR Entries in the Judicial and Economic Gazette

Martyna Kotleszka, paralegal
Sebastian Michalak, lawyer

Legislative Works and Proposed Changes

In June 2025, legislative work began in the Sejm on a government draft amendment to the National Court Register Act, which proposes the elimination of the obligation to announce NCR entries in the Judicial and Economic Gazette (MSIG), including information about the submission of financial reports. Until now, this obligation stemmed from Article 13(1) of the NCR Act, which required the publication of each entry in the MSIG, with a fee of PLN 100 for such publication. The draft law repeals this provision, thus eliminating the obligation and cost of publication. On June 26, the draft passed its first reading in the Sejm and was referred to further work in the committees under print number 1311.

According to the proposal, all applications to the NCR and registration files will be submitted and maintained solely in electronic form. This applies not only to the business register but also to the register of associations, foundations, and independent public healthcare institutions. The era of paper applications is coming to an end, and full digitization aims to reduce formal errors and speed up registration procedures.

An access mechanism to NCR data will also be introduced through network services (API), which public entities and those performing public tasks can use, after obtaining the Ministry of Justice’s consent. The new solution will relieve entrepreneurs from the obligation of submitting documents already available in the register.

Unforeseen Consequences of the Changes

Although the changes are deregulatory in nature, in practice, they may cause significant, unforeseen consequences for the restructuring processes of commercial companies. For example, the Commercial Companies Code imposes an obligation on companies to publish information about transformations, divisions, or mergers in the MSIG. However, it has been commonly assumed that this obligation is fulfilled by the “automatic” announcement in the MSIG of an entry in the NCR. Once the proposed changes come into force, commercial companies using the code’s restructuring solutions will have to meet an additional obligation: the separate publication in the MSIG about the completion of such a process, which in practice will cost more than the previous PLN 100 fee.

Will the Registration Process for Family Foundations Be Streamlined?

Daria Pawlak, paralegal
Sebastian Michalak, lawyer

Long Waiting Time for Family Foundation Entries

Although family foundations have been in operation in the Polish legal system for over two years, the process of registering entities and obtaining extracts from the register still leaves much to be desired. One of the main issues faced by founders who have decided to use the family foundation solution is the long waiting time for registration or the entry of any change, which currently takes up to 10 months.

Announced Changes

In March this year, in response to a query from the Ombudsman for Small and Medium-sized Enterprises, the Minister of Justice informed that internal work on amending the regulation on the family foundation register is ongoing.

The announced improvements include:

– Transferring registration procedures to 27 NCR courts, which already deal with the registration of commercial companies and other entities registered in the NCR,

– Full electrification of the registration process,

– Enabling the viewing of the register and obtaining extracts in electronic form.

When Will the Changes Take Effect?

Unfortunately, despite the fact that according to the published schedule, the Ministry of Justice’s regulation was supposed to be adopted by the end of the second quarter of 2025, the Ministry has not yet informed about further progress in legislative work. However, the mere fact that the Ministry has addressed this issue after two years of the family foundations’ operation gives hope that the solution will be implemented by the end of this year.