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Dr hab. Jan Byrski
ORCID: 0000-0001-8335-3578

Attorney-at-law, partner at Traple Konarski Podrecki and Partners. University professor at the College of Law of the Krakow University of Economics. He specializes in financial innovation law (FinTech), legal protection of information and personal data, IT and TMT and in conducting proceedings before the President of the National Bank of Poland, Polish Financial Supervision Authority, and the President of the Personal Data Protection Office, as well as cases before administrative courts. An expert in several industry organizations. Vice-Chair of the FinTech Committee of the Polish Chamber of Information Technology and Telecommunications (PIIT) and Chair of the FinTech Committee of the SPNT.

 
DOI: 10.33226/0137-5490.2026.8.4
JEL: K23

The article analyses the issue of limitation periods o of administrative fines imposed by the President of the Polish Data Protection Authority (PUODO) for violations of the GDPR. The aim of the publication is to assess whether the absence of an explicit regulation on limitation periods directly in the GDPR excludes the application of national provisions on this matter, as set out in the Code of Administrative Procedure. The authors argue that the five-year limitation period for both the imposition and enforcement of a fine, established in Article 189g of the Code of Administrative Procedure, should apply to penalties provided for in Art. 83 of the GDPR. The article also discusses the opposing view, reflected in the positions of the supervisory authority, which questions the permissibility of applying national limitation period to the sanctions arising from the GDPR. The article employs several mutually complementary research methods, including the dogmatic-legal method, which involves analysing and interpretation of the content of applicable law, both EU and national, as well as the decisions of the President of the UODO and the case law of courts and tribunals. Additionally, the historical-legal method was used to show the evolution of the statute of limitations in administrative proceedings.

Keywords: limitation period; administrative penalty; President of the Polish Data Protection Authority; general data protection regulation; GDPR
DOI: 10.33226/0137-5490.2024.6.2
JEL: G20, G21, K23

The purpose of this article is to present and discuss the newly introduced amendments to the Banking Law regarding the institution of outsourcing in banking activity. Both the doctrine of the subject, regulations of the European Union law, as well as many years of experience and criticism in the application of the existing regulations in the banking sector have mobilised the drafter to present and then enact the amendment. The issue of the regulation of banking outsourcing is significant not only from the point of view of legal theory, but also – or perhaps above all – from the point of view of legal practice. The author gives a generally positive assessment of the amendments introduced. At the same time, their interpretation and manner of application are presented. Nevertheless, with regard to some of them I formulate critical remarks and propose further de lege ferenda changes. The article uses two main research methods. Firstly, the dogmatic method consisting in the interpretation of legal provisions, including through historical and legal-comparative interpretation, and, secondly, the method of economic analysis of law, because the issue of banking outsourcing is strongly related to economic and management sciences.

Keywords: bank outsourcing; foreign outsourcing; outsourcing of activities by a bank; suboutsourcing; DORA; Digital Operational Resilience Act