Key Benefits:
ACT
of 9 April 2010
on the provision of economic information and the exchange of economic data
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act sets out the rules:
1. making available economic information on the reliability of payment;
(2) the exchange of data on the reliability of payment with institutions with such data established in the Member States of the European Union, the Swiss Confederation or the Member States of the European Free Agreement Trade (EFTA)-pages of the Agreement on the European Economic Area;
3) the establishment and operation of an economic information office;
4) the disclosure, storage, updating and deletion of economic information;
5) supervision of the economic information office.
2. The economic information shall be made available to third parties not marked at the time of the provision of this information to the provision.
3. The provisions of the Act shall not apply to the provision of data coming from publicly available records or collections.
Article 2. [ Economic information] 1. The economic information shall be understood to mean:
1) an entity that is a legal person or an organizational unit without legal personality in the scope of:
(a) names or firms,
(b) headquarters and address,
(c) the number of the relevant register together with the registration of the registry court,
(d) the tax identification number (NIP) or any other identification number in the case of the foreign person referred to in Article 5 point 2 (a) b i c ustawy z dnia 2 lipca 2004 r. about the freedom of economic activity (Dz. U. of 2013 r. items 672, of late. zm.),
(e) the identification number in the national official register of entities of the national economy, hereinafter referred to as "REGON number", if given,
(f) the names and registration number of the General Electronic System of Records of the Population, hereinafter referred to as 'the PESEL number', or any other number confirming the identity of the accomplices, persons forming part of the governing bodies or of the public prosecutors,
(g) the names of the plenipotentiaries, if any,
(h) the principal object of the economic activity pursued
2) natural persons in the scope of:
(a) names and names,
(b) the address of the place of residence or address for service,
(c) the PESEL number or any other number confirming the identity,
(d) the series and the number of the identity card or any other document confirming the identity;
3) a natural person pursuing an economic activity in the scope of:
(a) names and names,
(b) the PESEL number or any other number confirming the identity,
(c) the series and the number of the identity card or other document proving the identity,
(d) firms,
(e) the designation of the place of residence and the address for service or the address under which the economic activity is carried out,
(f) the tax identification number (NIP) or any other identification number in the case of the foreign person referred to in Article 5 point 2 (a) and the Act of 2 July 2004. o freedom of economic activity,
(g) the REGON number, if it is given,
(h) the number of the relevant records together with the indication of the registration authority or the number of the relevant register, together with the registration of the registry court in the case of the foreign person referred to in Article 4 (1) of the Financial Regulation. 5 point 2 (a) and the Act of 2 July 2004. o freedom of economic activity,
(i) the names of the plenipotentiaries, if they have been established,
(j) the principal object of the economic activity pursued
(4) the monetary obligation in respect of:
(a) legal title,
(b) amounts and currencies,
c) the amount of arrears,
(d) date of the arrears,
(e) information on the progress of the commitment,
(f) information on the debtor's questioning of the existence of all or part of the undertaking,
(g) the date of dispatch of the registered letter or the service of the debtor at the hands of his/her own calls for payment, including a warning of the intention to transfer the data to the office of economic information, stating the company and the address of the office of that office,
(h) information on the disposal of the claim,
(i) other information provided in the mode and on the basis of the rules laid down in Article 18;
5) the use of counterfeit or other documents in the field of:
(a) document names,
(b) series and document number,
c) the date of issue of the document,
(d) the sign, the registered office and address of the entity indicated as its issuer,
(e) the name of the person to whom the document relates,
(f) the circumstances of service of the document,
(g) an indication of the person or body who has concluded that the document is counterfeit or cubious.
2. Whenever there is a law in the law, there is:
(1) a debtor-shall mean a natural person, including a natural person performing an economic activity, a legal person or an organisational unit without legal personality, liable to the creditor in relation to the activities carried out economic or legal relationship;
(2) the debtor, which is not a consumer, shall be understood to mean:
(a) a natural person carrying out an economic activity liable to a creditor in connection with an economic activity carried out,
(b) a legal person or an undertaking which does not have a legal personality, which is liable to the creditor in connection with the economic activity or the relationship of law;
3) [ 1] the debtor who is the consumer-this is understood by the natural person referred to in Article 22 1 the Act of 23 April 1964. -Civil Code (Dz. U. of 2014 items 121 and 827 and of 2015. items (4), the person liable for maintenance referred to in Article 2 point 3 of the Act of 7 September 2007. aid to persons entitled to alimony (Dz. U. 2012 r. items 1228, as of late. zm.), a parent liable to pay a fee for the child's stay in a foster family, a child's family home, a care and educational establishment, a regional care and therapeutic care facility or an interventional preadoptive centre within the meaning of the provisions of the Act of 9 June 2011. to support family and foster care system (Dz. U. of 2015 items 332), as well as the obligation to pay the fine, also settled as a substitute penalty, established in favour of the State Treasury, the amount of money constituting the forfeiture, legal costs or the monetary penalty on the basis of a final decision a judicial decision given in the case of a criminal offence or misconduct;
4) [ 2] creditor-is understood by a natural person whose claim has been established by an executive title, a natural person engaged in an economic activity, a legal person or an organisational unit without legal personality which he/she has a claim, the competent creditor authority within the meaning of Article 4, is entitled to an economic activity or a legal relationship. 2 point 10 of the Act of 7 September 2007. with the assistance of persons entitled to alimony, the competent organisational unit to support the family and foster care system within the meaning of the provisions of the Act of 9 June 2011. on the promotion of the family and the system of foster care and the competent law of the Act of 6 June 1997. -The Code of Executive Penal (Dz. U. No 90, pos. 557, of late. zm.), hereinafter referred to as the 'Executive Criminal Code', a court in proceedings concerning the execution of a final judgment of a conviction for a criminal offence or misconduct, a judgment on a conditionally dead procedure, provisions on judicial costs, or an order of the imposition of a monetary order penalty;
5) the consumer credit agreement-this is understood by the agreement referred to in art. 3 para. 1 of the Act of 12 May 2011. o consumer credit (Dz. U. Nr 126, pos. 715, of late. zm.);
6) the sharing of economic information-it is understood by this forwarding by the creditor of economic information to the office of economic information and the disclosure of this information by this office;
(7) the exchange of economic data, which is understood by the exchange of data on the reliability of payments between the economic information offices and the institutions with such data established in the Member States of the European Union, The Swiss Confederation or the Member States of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area, as well as the data made available to the economic information offices by the institutions established on the Article 1 105 (1) 4 of the Act of 29 August 1997. -Banking law (Dz. U. 2012 r. items 1376, of late. zm.).
Article 3. [ Application of the provisions on the protection of personal data] In cases not covered by this Act as regards the processing of personal data of natural persons, the provisions on the protection of personal data shall apply.
Chapter 2
Economic Information Office
Article 4. [ Making economic information available to third parties] The provision of economic information to third parties not marked at the time of the provision of this information to be made available shall be effected only through the Office of Economic Information, unless the provision is made for sale the claims made by the public notice or the law provide for a different mode of data sharing.
Article 5. [ Office of Economic Information] 1. The Office of Economic Information, hereinafter referred to as the "office", may be carried out only in the form of a joint-stock company, with a share capital of not less than PLN 4 000 000.
2. The offices ' shares are imienous shares. Replacement of imitated shares on bearer shares shall not be allowed.
3. Shares of the office, the total nominal value of which does not exceed the amount specified in the paragraph. 1, may be included only for cash contributions and are paid in full before the office is registered.
Article 6. [ Composition of office bodies] The office bodies shall not be composed of persons convicted by a final judgment of a court for a deliberate or intentional criminal offence.
Article 7. [ Subject of business activity of the office] 1. The object of the business activity of the office is the intermediation in the provision of economic information, consisting in the acceptance of economic information from the creditors, the storage and disclosure of this information.
2. The subject of the business activity of the office may also be:
1) processing of archival economic information, referred to in art. 21 (1) 3 and 4, for statistical purposes, concerning non-consumer debtors;
2) management of the office's assets;
3) conducting a training or educational activity in the field covered by the office activity.
3. Revenue from the activities referred to in paragraph. 2 points 2 and 3, shall not exceed 10% of the office's overall revenue.
4. The Office may not entrust other entities with the pursuit of activities relating to the subject of economic activity referred to in the paragraph. 1 and 2, except for other offices and institutions created on the basis of art. 105 (1) 4 of the Act of 29 August 1997. -Banking law.
5. The bureau shall be obliged to secure claims for the repair of the damage which may arise in connection with the business activity of the office. The security may take place through the conclusion of a civil liability insurance contract, a bank guarantee or a bank guarantee.
Article 8. [ Company] 1. The bureau is obliged to use in his company the words "office of economic information". It is acceptable to use the abbreviation "BIG" in the marketing.
2. It is prohibited to use the words "office of economic information" and the abbreviation "BIG" in the marking or advertising of entrepreneurs who do not perform the business activity specified in art. 7 ust. 1.
Article 9. [ Exchange of data with institutions with such data established in other countries] 1. The bureau may exchange data on the reliability of the payment with the institutions with such data established in the Member States of the European Union, the Swiss Confederation or the Member States of the European Agreement on Free Trade (EFTA)-pages of the agreement on the European Economic Area.
2. The rules for the exchange of the data referred to in paragraph. 1, specifies the agreement concluded by the office with the institution referred to in the paragraph. 1.
3. The Bureau shall adopt and disclose the data relating to the reliability of the payment from the institution referred to in paragraph 3. 1, in order to carry out the requests made in the office of requests for disclosure of such data.
4. The Bureau shall adopt and disclose the data referred to in Article 4. 21 (1) 4, to the extent specified in the application.
Article 10. [ Disclosure] 1. Disclosure of the data referred to in art. 9 ust. 1, concerning the consumer, if the applicant has the authorisation of that consumer. The authorisation shall specify the scope of the data to be disclosed.
2. For the exchange of the data referred to in paragraph. 1, the provision of Article 1 shall not apply. 9 ust. 2.
Article 11. [ Data management regulations] 1. [ 3] The Management Board of the Office shall adopt the rules of procedure for the management of data, hereinafter referred to as "the Rules"
1) ways of transmitting to the office of economic information;
2. the applied organisational and technical arrangements related to the reception, storage, disclosure, updating, deletion of economic information and the processing of archival economic information;
3. the means of securing economic information;
4) the manner and methods of realization of the right of access to economic information by the entities to which the information relates, and to obtain information from the register of enquiers referred to in art. 27;
5) a way of informing about the fees for the services provided by the office;
6) ways of submitting an application for disclosure of economic information;
7) the form of disclosure of economic information.
2. [ 4] The Rules of Procedure shall be subject to the approval of the Minister responsible for Economic Affairs by decision, after consultation of the Minister of Justice and the General Inspector of Personal Data Protection.
3. The Minister responsible for economic affairs shall refuse, by means of a decision, to approve the rules of procedure if it contains provisions contrary to the law or with the provisions of separate regulations.
4. The approved regulations shall be announced in the Monitor of the Judicial and Economic Monitor.
5. The provisions of the paragraph. 1-4 shall apply mutatis mutandis to the implementation and approval of amendments to the Rules of Procedure.
6. The Bureau shall not take up economic activity before the approval of the Rules of Procedure.
7. [ 5] The Rules of Procedure shall be binding on the parties to the agreements concluded under this Law and the Bureau and the creditors referred to in Article 4. 12a.
Article 11a. [ Notice of initiation and of the cessation of economic activities] [ 6] 1. The Office shall be obliged to notify the Minister responsible for the economy of the decision and of the cessation of the business activity, and of the address for which the economic information must be provided, and of its changes, within 7 days days from the date on which these events were taken.
2. The Minister responsible for the economy shall make available and update in the Public Information Bulletin a list of the offices performing the economic activity and their addresses for which the economic information is to be provided.
Chapter 3
Transmission of economic information to the office
Article 12. [ Forwarding of economic information by the creditor] 1. The creditor may submit to the office economic information in order to disclose them, if he has entered into an agreement with the office for the sharing of economic information.
2. the Agreement referred to in paragraph 2. 1, shall be drawn up in writing under the rigorous annulment.
Art. 12a. [ Obligation to provide information to the office by the creditor] [ 7] Where the Act provides for the transfer of economic information to an office by a creditor, a competent creditor authority within the meaning of Article 4 (1) of the Financial Regulation. 2 point 10 of the Act of 7 September 2007. with the assistance of persons entitled to alimony, the competent business unit of support of the family and foster care system within the meaning of the provisions of the Act of 9 June 2011. to support the family and system of foster care and the applicable law of the Criminal Code in the proceedings concerning the execution of a final conviction for a criminal offence or misconduct, a judgment of a conditionally dead person the proceedings, provisions on judicial costs, or provisions on the imposition of a monetary order, the creditor shall be obliged to communicate that information to all the offices in the list referred to in Article 4 (1) of the Treaty. 11a ust. 2, and there is no obligation to conclude agreements with those offices of making economic information available.
Article 13. [ Legal basis for the disclosure of data by the Office] The Bureau shall disclose the data made available by the institutions set up under Article 4. 105 (1) 4 of the Act of 29 August 1997. -Banking law in order to carry out requests for disclosure of these data in the office.
Article 14. [ Conditions for the transfer by the creditor of information on the obligation of the debtor to be a consumer] 1. The creditor may transfer to the office the economic information on the obligation of the debtor to be a consumer only if the following conditions are met in total:
1) the obligation arose in connection with a particular legal relationship, in particular the title of the consumer credit agreement and the agreements referred to in art. 187 1 the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. of 2014 items 101, of late. zm.);
2) the total amount of the debtor's due obligations to the creditor shall be at least 200 zlotys and shall be payable for at least 60 days;
3) has elapsed at least one month after the creditor sent the registered letter or service to the debtor who is a consumer at the hands of his own, to the address for service indicated by the debtor who is the consumer, and if he has not indicated such an address-on the address of the place of residence, the call for payment, containing a warning of the intention to transfer the data to the office, with the company and the address of the office of the office.
2. In the case referred to in paragraph. 1 the creditor may only transfer to the office economic information relating to:
1) itself-referred to in art. 2. 1 (1) or (3);
2) the debtor who is a consumer-as defined in Article 2. 1 point 2;
3. the obligations-as defined in the Article. 2. 1 point 4.
3. If the submitted economic information about the obligation of the debtor, as a consumer, concerning:
1) the creditor-do not contain at least the data referred to in art. 2. 1 point 1 (a), (b) and (d) or point 3 (a) d-f,
2. the debtor who is a consumer shall not contain at least the data referred to in the Article. 2. 1 point 2 (a) a and c,
3) commitments-do not contain at least the data referred to in Article 2. 1 point 4 points a, c, d, f and g
-the office shall return it to the transferor to the creditor in order to complete it.
4. The Bureau shall not accept the economic information on the obligation of the debtor who is a consumer:
1) transferred not in accordance with the mouth. 1 or
(2) exceeding the scope set out in paragraph 2. 2.
Article 15. [ Conditions for the transfer by the creditor of information on the obligation of the debtor who is not a consumer] 1. The creditor may transfer to the office an economic information on the obligation of a non-consumer debtor only if the following conditions are met in total:
1) the obligation arose in connection with a particular legal relationship, in particular the title of the contract related to the pursuit of business activities;
2) the total amount of required obligations of the debtor not being a consumer to the creditor shall be at least 500 PLN and they shall be required for at least 60 days;
3) has elapsed at least one month after the creditor has sent the registered letter or served to the debtor who is not a consumer in his own hands, to the address for service indicated by the debtor who is not a consumer, and if he has not indicated such an address- to the address of the seat of the debtor or the place of business, the call for payment, containing a warning of the intention to transfer the data to the office, with the company and the address of the office of that office.
2. In the case referred to in paragraph. 1 the creditor may only transfer to the office economic information relating to:
1) itself-referred to in art. 2. 1 (1) or (3);
(2) a debtor who is not a consumer, as defined in Article 2. 1 (1) or (3);
(3) associates of a debtor who is a personal company, as defined in Article 3 (3) of the 2. 1 points 1, 2 or 3;
4) a shareholder or partner of a debtor who is a single public limited liability company or a limited liability company, as defined in the Article. 2. 1 (1) or (3);
5. the obligations-as set out in the Article. 2. 1 point 4.
3. If the submitted economic information on the obligation of the debtor who is not a consumer concerning:
1) the creditor-do not contain at least the data referred to in art. 2. 1 point 1 (a), (b) and (d) or point 3 (a) d-f,
2. the debtor who is not a consumer shall not contain at least the data referred to in the Article. 2. 1 point 1 (a), (b) and (d) or point 3 (a) d-f,
3) commitments-do not contain at least the data referred to in Article 2. 1 point 4 points a, c, d, f and g
-the office shall return it to the transferor to the creditor in order to complete it.
4. The Bureau shall not accept economic information on the obligation of a debtor who is not a consumer:
1) transferred not in accordance with the mouth. 1 or
(2) exceeding the scope set out in paragraph 2. 2.
Article 16. [ Conditions for the transfer of information by the creditor] 1. In addition to the cases referred to in art. 14 and 15, the creditor may refer to the Bureau the economic information on the debtor's obligation when the following conditions are met:
1) the undertaking has been determined by the implementing title;
2) at least 14 days have elapsed since the creditor sent the registered letter, or delivery of the debtor into his own hands, to the address for service indicated by the debtor, and if the debtor has not indicated such an address-at the address of the place of residence, or where there is an economic activity, a letter containing a warning of the intention to transfer the data to the office with the company and the address of the office of that office;
3) the creditor has forwarded to the office a notice specifying the data of the adjudicating authority, the date of issue and the signature of the enforcentary title stating that obligation.
2. In the case referred to in paragraph. 1 the creditor may submit to the bureau the economic information concerning:
1) itself-referred to in art. 2. 1 points 1, 2 or 3;
2) the debtor who is a consumer-as defined in Article 2. 1 point 2;
(3) the debtor who is not a consumer, as defined in the Article. 2. 1 (1) or (3);
4) the partners of the debtor who is a personal company, as defined in Article 4 2. 1 points 1, 2 or 3;
5) a shareholder or partner of a debtor who is a single public limited liability company or a limited liability company, as defined in the Article. 2. 1 (1) or (3);
6. the obligations-as defined in the Article. 2. 1 point 4.
3. If the submitted economic information about the debtor's obligation concerning:
1) the creditor-do not contain at least the data referred to in art. 2. 1 point 1 (a), (b) and (d) or point 2 (a) a-c or point 3 (a) d-f,
2. the debtor who is not a consumer shall not contain at least the data referred to in the Article. 2. 1 point 1 (a), (b) and (d) or point 3 (a) d-f,
(3) the debtor who is a consumer shall not contain at least the data referred to in Article 3 (3). 2. 1 point 2 (a) a and c,
4. the obligations-do not contain at least the data referred to in Article 2. 1 point 4 points a, c, d, f and g
-the office shall return it to the transferor to the creditor in order to complete it.
4. The Bureau does not accept the economic information on obligor's obligation:
1) transferred not in accordance with the mouth. 2 or
(2) exceeding the scope set out in paragraph 2. 3.
5. [ 8] The creditor shall transmit to the Office the economic information referred to in Article 4. 28 para. 1 of the Act of 7 September 2007. aid for persons entitled to alimony, under the conditions laid down in that Law.
6. [ 9] The creditor shall transmit to the Office the economic information referred to in Article 4. 193 8 of the Act of 9 June 2011. to support the family and foster care system, in accordance with the principles set out in this Act.
7. [ 10] The creditor, who is a court, shall transfer to the Bureau the economic information relating to the payment of the fine, including the case-law as a replacement penalty, of the amount of money in the form of forfeiture, judicial costs, of the amount of the money which is the subject of the or a monetary order penalty on the basis of a final judgment given in the case of a criminal offence or misconduct which has not paid them within the time limits laid down in the Article. 44 § 1 or art. 206 § 1 of the implementing penal code, under the rules laid down in the Implementing Criminal Code.
Article 17. [ The subject has been used for counterfeit or other people's document] 1. An entity to which counterfeit or other documents have been used, in particular a document confirming the identity of, or a certificate of employment, the economic information may be forwarded to the office.
2. The subject referred to in paragraph 2. 1, may transfer to the office only economic information concerning:
1) itself-referred to in art. 2. 1 points 1, 2 or 3;
2) the document-referred to in art. 2. 1 point 5.
3. The subject referred to in paragraph. 1, is obliged to inform the person whose identity document is used, of the intention to provide economic information about this document to the office, with the company and the address of the office of that office.
4. If the economic information provided for:
1. the entity referred to in paragraph 1. 1-do not contain at least the data referred to in Article 2. 1 point 1 (a), (b) and (d), point 2 (a) a-c or point 3 (a) d-f,
2) the document-does not contain at least the data referred to in Article 2. 1 point 5 (a), (b) or (c) and (e)
-the office shall return it to the body referred to in paragraph 1. 1, in order to supplement.
5. The Bureau shall not accept the economic information relating to the use of the entity referred to in paragraph 5. 1:
1) transferred not in accordance with the mouth. 1 or
(2) exceeding the scope set out in paragraph 2. 2.
Article 18. [ Economic information on compliance with commitments] 1. The creditor shall communicate to the competent office the economic information about the fulfilment of the obligations referred to in Article 4. 14 para. 1 point 1 or art. 15 para. 1 point 1:
1) at the request of the entity concerned by the undertaking within 14 days from the date of submission of the application by the entity;
2) on its own initiative, with the consent of the entity concerned by the obligation, within 14 days from the date of the commitment.
2. The application referred to in paragraph 2. 1 point 1, contains information about the company and the address of the office where the creditor communicates the economic information.
3. The creditor shall communicate the information referred to in paragraph. 1, if:
1. from the time of fulfilment of the obligations under the obligations referred to in art. 14 para. 1 point 1 or art. 15 para. 1 point 1, for this creditor, no more than 12 months have elapsed;
2) the obligations referred to in Article 14 para. 1 point 1 or art. 15 para. 1 point 1, have been met within the deadline or with a delay of less than 60 days.
4. The creditor shall communicate to the office the economic information concerning:
1) itself-referred to in art. 2. 1 point 1 (a), (b) and (d) or point 3 (a) d-f
2. the entity to which the undertaking relates:
(a) as defined in Article 2. 1 point 1 (a), (b) and (d) or point 3 (a) d-f-in the case of a debtor who is not a consumer,
(b) as specified in Article 2. 1 point 2 (a) a and c-in the case of a debtor who is a consumer;
3) the total amount and currency of the obligations referred to in art. 14 para. 1 point 1 or art. 15 para. 1 point 1, due in the last 12 months prior to the date of the transfer to the Economic Information Office;
4) the amounts, currencies, dates of due and date of fulfilment of the obligations referred to in art. 14 para. 1 point 1 or art. 15 para. 1 point 1 which, in the last 12 months prior to the date of transmission of the economic information, has been met within a period of time or with a delay of less than 60 days.
5. In the case of obligations of a radical nature for the discharge of obligations within the meaning of the paragraph. 1 shall also be deemed to be repayable in the full amount of all the commitments still due to date.
(6) If the economic information provided does not contain the data referred to in paragraph 6. 4, the bureau shall return it to the transferor to the creditor in order to complete it.
Article 19. [ Creditor Authority] The creditor, by passing on the economic information to the office, may stipulate that the Bureau shall not disclose the economic information referred to in Article 4 concerning him or her. 2. 1 point 1 lit. a-g or point 3 (a) -i.
Article 20. [ Obligation of the creditor] The creditor shall be obliged immediately, but not later than within 14 days from the date of the permanent cessation of the business activity, to terminate the contract referred to in art. 12 (1) 1.
Chapter 4
Storage, disclosure, updating and deletion of economic information
Article 21. [ Obligation to disclose only current information] 1. The bureau shall disclose only the current economic information.
2. The bureau shall update the economic information at the request of the creditor, no later than within 7 days from the date of receipt of the application.
3. The bureau may store the economic information concerning non-consumer debtors as they were before they were updated. This information is archival information and may be processed for statistical purposes.
4. The Bureau may store the following archival information:
1) with a debtor which is not a consumer in the scope of:
(a) legal form,
(b) the main object of the economic activity pursued
(c) the registered office or place of business, only the postal code;
2. on a monetary obligation in respect of:
(a) amounts and currencies,
(b) the definition of the principal object of the business
c) the amount of arrears,
(d) date of the arrears,
e) the date of the update or deletion of the obligation data.
5. The bureau shall store archival information for a period of not more than 10 years from the date on which the information became archival information.
Article 22. [ Form of disclosure] 1. The bureau shall disclose the economic information in the forms specified in the Rules of Procedure, in particular by means of teletransmission. The disclosure of economic information by the office shall be payable. The fees shall be determined by the price list adopted by the Board of Directors.
2. The bureau shall disclose all the economic information held in the area covered by the application, subject to the paragraph. 3-5 and art. 19.
3. The bureau shall disclose the economic information about the obligations of the consumer debtors and the use of counterfeit or other documents only:
1) to creditors who have concluded an agreement with the office referred to in Article 12 (1) 1;
2) other offices and the institutions referred to in art. 9 or in Art. 13, in order to carry out complex requests for disclosure;
3) the entities referred to in art. 25 par. 1.
4. The office, at the request of the creditor, who has provided the economic information, shall withhold the disclosure of this information for a limited period.
5. Exposing economic information to entities other than those referred to in the paragraph. 3, the office shall inform those entities of the obligations laid down in the art. 26.
Article 23. [ Right of access to economic information] Everyone shall have the right to have access to the economic information held by the Bureau, which shall be transmitted in accordance with Article 4. 14-18. Access to economic information on consumer debtors shall be free of charge if it is not more than once every six months. In other cases, the access shall be subject to the payment of a fee in accordance with the bureau's office in force, not higher than 0,5% of the minimum wage for the work determined under the provisions of the Act of 10 October 2002. with a minimum wage for work (Dz. U. No 200, pos. 1679, 2004 No. 240, pos. 2407 and 2005 Nr 157, poz. 1314).
Article 24. [ The entity that entered into an agreement with the Office for disclosure of economic information] 1. An entity that has entered into an agreement with the office for disclosure of economic information may request the office to disclose the economic information about the obligations of the debtor who is a consumer, if he/she has his or her authorisation. The authorisation shall be valid no longer than 30 days from the date of its award.
2. The subject referred to in paragraph 2. 1, may refuse to enter into an agreement referred to in art. 14 para. In accordance with Article 1 (1) (1), or conclude such a contract under less favourable conditions, in particular by a request for the security of the claims arising from the contract:
(1) where the debtor who is the consumer refuses to grant the authorisation referred to in paragraph 1, 1, or
2) on the basis of economic information received from the office or data made available by the institutions created on the basis of art. 105 (1) 4 of the Act of 29 August 1997. -Banking law or by the institutions referred to in Article 9, within 3 working days from the date of their receipt.
Article 25. [ Entitled to receive economic information] 1. To receive economic information shall be entitled:
1) The Attorney General-in connection with pending criminal or criminal proceedings or in connection with the execution of an application for legal assistance from a foreign state, which under the ratified agreement an international binding the Republic of Poland shall have the right to request information, or in connection with ongoing criminal or criminal proceedings for a criminal offence or a treasury offence committed in connection with the operation of a legal person or an organisational unit without legal personality;
2. Head of the Internal Security Agency, on the basis and in accordance with the procedure laid down in Article 34 of the Act of 24 May 2002. o Internal Security Agency and the Intelligence Agency (Dz. U. of 2010 Nr 29, pos. 154, of late. zm.);
3) Chief of Police Chief-on the principles and in accordance with the procedure laid down in art. 20 of the Act of 6 April 1990. o Police (Dz. U. of 2011 r. No. 287, pos. 1687, ze zm.);
4. Head of the Office of Government Protection-if it is necessary for the performance of the duties provided for by the Act of 16 March 2001. o Government Security Office (Dz. U. of 2014 items 170, 502 and 616);
5) General Tax Inspectorate-to the extent necessary for carrying out the tasks defined in the Act of 28 September 1991. about the treasury control (Dz. U. of 2011 r. Nr 41, pos. 214, of late. zm.);
6) General Inspector of Financial Information-to the extent necessary for the performance of the tasks defined in the Act of 16 November 2000. anti-money laundering and the financing of terrorism (Dz. U. of 2014 items 455);
7) the chief of the tax offices and the directors of the treasury chambers-in connection with the ongoing criminal or criminal proceedings against a natural person or in connection with criminal proceedings or criminal treasury proceedings for a criminal offence, or treasury offences committed in connection with the operation of a legal person or an organisational unit without legal personality, and to the extent necessary for the conduct of proceedings and controls under the customs and tax law;
8) the directors of the tax inspection offices-to the extent necessary for carrying out the control procedure as defined in the Act referred to in point 5;
9) Chairman of the Polish Financial Supervision Authority-in the scope of supervision performed by the Financial Supervision Commission, referred to in the Act of 21 July 2006. on the supervision of the financial market (Dz. U. 2012 r. items 1149, as of late. zm.);
10) the President of the Supreme Chamber of Control-in the field of information about the entrepreneurs, if it is necessary for the conduct of the review procedure laid down in the Act of 23 December 1994. of the Supreme Chamber of Control (Dz. U. 2012 r. items 82, 1529 and 1544);
11) Head of the Central Anti-Corruption Bureau-in carrying out the tasks set out in the Act of 9 June 2006. o Central Anti-Corruption Bureau (Dz. U. 2012 r. items 621, of late. zm.);
12) Commandant of the Main Border Guard-on the principles and in accordance with the procedure laid down in art. 10a of the Act of 12 October 1990. o Border Guard (Dz. U. of 2011 r. Nr 116, pos. 675, with late. zm.);
13) courts-in connection with the proceedings before them;
14. the directors of the customs chambers-in connection with the ongoing criminal or criminal proceedings against a natural person, or in connection with criminal proceedings or criminal treasury proceedings for a criminal offence or a treasury offence committed in the operation of a legal person or an organisational unit without legal personality, and to the extent necessary for the conduct of proceedings and controls under the customs and tax law;
15) the bailiers-in connection with the proceedings they have carried out.
2. Each time the economic information is made available to the entities mentioned in the paragraph. 1. the office shall charge a fee in accordance with the price list in force at that office, not higher than 0,5% of the minimum wage for the work established on the basis of the provisions of the Act of 10 October 2002. the minimum wage for the work.
Article 26. [ Obligations concerning information received from the Office of Economic Information] 1. The subject, who has received economic information from the office, shall be obliged to remove them within 90 days from the date of receipt. This obligation shall also apply to the office in respect of the economic information received from another office.
2. An entity that has received from the office an economic information concerning a debtor who is a consumer shall not disclose them to other persons. This shall not apply to the disclosure by the Bureau of economic information received from another office.
3. The provisions of the paragraph. 1 and paragraph The first sentence shall not apply to the entities referred to in Article 4. 25 par. 1.
4. The provision of the paragraph. 1 shall not apply to a statutory institution that is required to assess the creditworthiness of or to assess operational risk.
Article 27. [ Query Registry] 1. The office is obliged to maintain a register of queries. Everyone has the right to obtain information from the registry of enquiring in relation to disclosure of his data, subject to the paragraph. 4.
2. The query register shall include the following information:
1) the date of disclosure of economic information;
2) the designation of the entity to which the economic information has been disclosed;
3) an indication of the data disclosed.
3. The information referred to in paragraph. 2, shall be stored in the query register for a period of 12 months from the date of disclosure of the economic information by the office.
4. Information about quering the query register shall not be provided if there are any of the parties referred to in the Article. 25 par. 1.
5. In the case of consumer debtors and the entities referred to in art. 25 par. 1, obtaining information from the query register is free of charge, if it occurs no more than once every 6 months. In other cases, the acquisition of information from the register of enquiry shall be subject to payment in accordance with the office of the price list in force, not higher than 0,5% of the minimum wage for the work established on the basis of the provisions of the Act of 10 October 2002. the minimum wage for the work.
Article 28. [ Permission to receive data from PESEL file] 1. The bureau shall be entitled to receive data from the PESEL register under the rules laid down in the Act of 24 September 2010. about the population records (Dz. U. Nr 217, poz. 1427 of late. zm.).
2. In the event of a finding of non-conformity between the economic information received from the creditor and the data obtained from the PESEL file, the office shall immediately:
1) pauses the disclosure of this economic information;
2) notify the creditor of the incompatibility of the creditor from whom he received the economic information.
Article 29. [ Obligations of the creditor] 1. In the case of:
1) partial or total implementation of the undertaking or its expiry,
2) the claim by the creditor, who entered into with the office of the contract referred to in art. 12 (1) 1, news of the recovery by the person entitled to the lost document, to which the person who was not entitled was used,
3. reliably informed that the economic information provided is not true,
4) to take a reliable information on the change of other economic information provided by the creditor to the office, in accordance with art. 14-18
-the creditor is obliged immediately, not later than 14 days from the day on which the information was taken, to appear in the office to which he or she communicated the data on the obligation or use of someone else's document, requesting the information to be updated. economic, forwarding to the office the current data.
2. In the event of a determination of the fact of non-existence of the obligation, the creditor shall be obliged immediately, not later than within 14 days from the day of the taking of this information, to occur to the office to which he communicated the data on the obligation, with the request of removal the economic information relating to that undertaking.
3. In the event of the sale of the debt, the transferor shall be exempt from the obligations laid down in the paragraph. 1 and 2 as soon as the office of information on the disposal of debt is transferred to the Office.
4. In the case referred to in paragraph. 3, the office shall remove the economic information relating to the disposal of the receivables after 14 days from the date of receipt of this information, unless before the expiry of that period the buyer of the receivables will update the information in respect of the creditor's data. As soon as the update is made, the obligations set out in paragraph 1 and 2 go to the purchaser.
Article 30. [ Replenishing, updating, correcting or deleting data at the request of the debtor] 1. At the request of the debtor, the creditor, who has provided the economic information to the office, shall be obliged to supplement them, update, rectify or remove, if they are incomplete, outdated, untrue or have been made available or are stored in violation of the Act.
2. At the request of the debtor, the creditor who provided the economic information to the office shall inform the entity which received the economic information from the office, about the addition, updating, correcting or deleting the debtor's data.
Article 31. [ Removal of economic information by office] The Bureau shall remove the economic information:
1) at the request of the creditor, not later than within 7 days from the day of submission of the application;
2) prior to the cessation of the business activity by the office, informing of the creditors related to the office of the agreement referred to in art. 12 (1) 1;
3) passed by the creditor with which the contract in question has expired or the contract referred to in Article 3 (3). 12 (1) 1;
4) provided by the creditor who, after their transfer to the office, has been deleted from the relevant register or records or permanently ceased to perform business;
5. relating to the use of counterfeit or other documents, after 10 years from the end of the year in which the office received the information;
6. on the basis of the reasoned information on the non-existence of an undertaking;
7) on the basis of the reasoned information on the termination of the obligation, if the data relate to the debtor being a consumer;
8) after 3 years after their last update, no later than after 10 years from the date of their transfer by the creditor.
Chapter 5
Surveillance of offices
Article 32. [ Supervision of the office] 1. The supervision of the office shall be exercised by the Minister responsible for economic affairs in respect of the conformity of the economic activity performed with the Act and the Rules of Procedure.
2. Supervision does not include checking the correctness of processing by the personal data office.
Article 33. [ Control of business activity of the office] 1. The person authorized by the minister responsible for the affairs of the economy, hereinafter referred to as the "inspection", in order to determine the facts may carry out a control of the business activity of the office.
2. The controversial shall carry out the control activities after the presentation of the service card and the service of the authorization to carry out the inspection.
3. The controller shall be exempt from control if the results of the checks may affect his or her rights or obligations, the rights or obligations of his or her spouse, or the person in fact in the common loan, relatives and duties to the other In the case of an apprsage, the degree or degree of persons associated with it for adoption, care, or probation The reasons for excluding the inspection shall also be carried out after the marriage, adoption, care or guardianof the cessation of marriage.
4. The controversial may be excluded from the control at any time if there are reasonable doubts about his impartiality.
5. With an application to exclude the inspection from carrying out the inspection, the inspection may occur or the person authorized to represent the office. The Minister responsible for the economy shall be responsible for the exclusion of or refusal of the control to be excluded from the control.
Article 34. [ Auditor authority] The auditor shall be entitled to:
1) entrance to the premises and premises of the office;
2) inspection of any documents, media of information or other evidence related to the business activity of the office;
3) carry out the visual inspection of objects and assets;
4) requests for oral or written explanations from the person authorized to represent the office or other employees of the office;
5) requests from the person authorized to represent the office of drawing up, at the expense of the office, certified copies, copies or extracts from the documents, as well as compilations and calculations made on the basis of documents;
6) the use of the assistance of experts and specialists;
7. collateral of evidence;
8) access to legally protected information, subject to the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228).
Article 35. [ Findings of the facts] 1. The controversial shall make the findings of the facts on the basis of the collected evidence of the evidence.
2. The controversial shall be entitled to secure the evidence by:
1) devotion to hold, for a receipt, to the person authorized to represent the office;
2) store in the office in a separate closed and sealed room.
3. The release of the protected evidence shall be determined by the inspection body.
Article 36. [ Granting an inspection of oral explanations] 1. From the oral explanations given to the inspection by a person authorized to represent the office or other employees of the office of the controlling office shall draw up a note, which shall be signed by the controlling person and the person providing the explanations.
2. The person providing explanations may refuse to sign the memo if he does not agree with the contents in full, or sign with the simultaneous notification of the objections and the indication of the part in which he questions its contents.
3. A person authorized to represent the office or other employee of the office may refuse to grant the controlling explanation only in cases where the explanations may concern facts or circumstances, the disclosure of which could jeopardize the responsibility the criminal or property requested to be heard, as well as his or her spouse or person in fact in the common loan, relatives and obligations to the second degree, or persons associated with him for adoption, care or guardianship.
Article 37. [ Information on the findings of the audit carried out] The auditor shall inform the person authorised to represent the office of the determinations made in the course of the inspection carried out, including an indication of the revealed irregularities and misconduct in the business activity of the office.
Article 38. [ The obligation to provide the monitoring of the conditions necessary for the smooth conduct of the checks] The person authorised to represent the office shall be obliged to ensure that the conditions necessary for the smooth conduct of the checks are carried out.
Article 39. [ Production of the audit protocol] 1. The audit inspection shall be drawn up by the inspection protocol.
2. The control protocol shall be drawn up in two unanimous copies, one of which shall be given a person authorized to represent the office.
3. The audit protocol signs the inspection and the person authorized to represent the office.
Article 40. [ Audit Log] 1. The control protocol should contain:
1) the designation of the office, the address of the office of the office and the number in the register of entrepreneurs in the National Court Register and the name of the person authorized to represent the office;
2. the date of the start and end of the checks, taking into account interruptions in check;
(3) the name of the controlling person;
4) determination of the scope of control and the period of business activity of the office under control;
5) an indication of the findings made in the course of the inspection carried out on the basis of the collected evidence;
6) instructing the law, the manner and timing of the statement of objections or explanations to the findings contained in the audit protocol;
7) instructing the right to refuse to sign the audit protocol;
8) the signature of the controlling person and the person authorized to represent the office or the controlling signature and the annotation of the refusal to sign the audit protocol by the person authorized to represent the office and the place and date of signing this protocol.
2. The evidence collected during the inspection shall constitute the audit file.
3. The audit record shall be annexed to the copy of the control protocol intended for the inspection.
Article 41. [ Right of written reservations to the findings of the audit protocol] Prior to the signature of the audit protocol, the person authorised to represent the office shall have the right to submit written reservations to the findings of the control protocol within 7 working days from the date of receipt of that protocol.
Article 42. [ Refusal to sign the audit protocol] 1. The person authorized to represent the office may refuse to sign the control protocol by submitting to the inspection, within 7 working days from the date of receipt of the control protocol, a written explanation of the reasons for the refusal.
2. The refusal to sign the audit protocol by a person authorised to represent the office shall not prevent the verification of the control protocol by the inspection.
Article 43. [ Warrant for the removal of irregularities] 1. In the event of a finding as a result of the control of the infringement of the provisions of the Act or the Rules of Procedure, the Minister responsible for the economy, by decision, orders the removal of irregularities, specifying the time limit for their
2. If the office does not remove the irregularities within the prescribed period, the Minister responsible for the economic affairs may impose on the office a cash penalty of not more than 120 000 zlotys, specifying the re-term of the removal of irregularities.
3. If the office does not remove the irregularity within the time limit referred to in paragraph. 2, despite the imposition of a monetary penalty, the minister responsible for economic affairs shall issue a decision to ban the office of economic activity.
4. The legal decision referred to in paragraph. 3, causes the company's solution, in the form of which the office is conducted.
Article 44. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of the business activities of the Office. about the freedom of economic activity.
Chapter 6
Penal provisions
Article 45. [ Conducting operations without approval of the Regulation] Who carries out the activity which is the subject of the business activity of the office without the approval of the Rules of Procedure, is subject to a fine of up to 5 000 000 zlotys or a custodial sentence of up to the age of 3, or both.
Article 46. [ Unlawful use in the indication or advertisement of the words 'office of economic information' or abbreviation 'BIG'] Who, in the course of a gainful activity, who, contrary to the conditions laid down in the Act, uses the word "economic information office" or abbreviation "BIG" in his mark or advertisement, is subject to a fine of up to 5 000 000 zlotys or imprisonment up to the age of 3. Or both of these two of them.
Article 47. [ Failure to update the information by the creditor] Who, being a creditor, in the case of:
(1) the total implementation of the undertaking or its expiry,
2) statement of the fact that no obligation exists,
3) the claim by the creditor who entered into with the office of the contract referred to in art. 12 (1) 1, news of the person's recapture of the lost document referred to in art. 17
-immediately, not later than within 14 days, he has not requested an update of the information from the office to which he has submitted data on the obligation or the use of another person's document, shall be subject to a fine of up to 30 000 zlotys.
Article 48. [ The transfer to the office of inaccurate information, failure to comply with the obligations of information received] 1. He who transfers to the office the untrue economic information shall be subject to a fine of up to 30 000 zlotys.
2. The same penalty shall be subject to, who has not removed the economic information within 90 days from the date of its receipt from the office or disclosed the economic information not in accordance with the provisions of the Act to third parties.
Article 49. [ Failure to terminate the contract] Who, being the creditor, in the event of a permanent cessation of economic activity does not resolve the contract referred to in art. 12 (1) 1, within 14 days from the date of the permanent cessation of the business activity, shall be subject to a fine of up to 30 000 zlotys.
Article 50. [ No entitlement] Who occurs to the office for disclosure of economic information without authorization of the person whose information relates, if such authorisation is required by the provisions of the Act, subject to a fine of up to 30 000 zlotys.
Article 51. [ Disclosure of untrue or outdated data] Who, being obliged to share economic information, reveals untrue or outdated data, is subject to a fine of up to 30 000 zlotys.
Article 51a. [ Liability for failure to notify and discontinue economic activity] [ 11] 1. Who, being a member of the office of the office, shall not notify the Minister responsible for the economy of the taking up and the cessation of his business activity, as well as the address to which the economic information must be provided, and of its changes, in the time limit of 7 days from the date of the events, shall be punishable by restriction of liberty or fine.
2. Orzecking in cases of the acts referred to in paragraph. 1, followed by the provisions of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2013 r. items 395, z późn. zm.).
Chapter 7
Amendments to the provisions in force, transitional and final provisions
Article 52. (bypassed).
Article 53. (bypassed).
Article 54. (bypassed).
Article 55. (bypassed).
Article 56. (bypassed).
Article 57. (bypassed).
Article 58. (bypassed).
Article 59. (bypassed).
Article 60. (bypassed).
Article 61. [ Office of Economic Information] The Office of Economic Information created before the date of entry into force of this Act becomes an office within the meaning of this Act.
Article 62. (bypassed).
Article 63. [ Regulators for data management] Regulation of data management, adopted on the basis of the provisions of the Act referred to in art. 69, shall retain power until the date of approval of the Regulations drawn up on the basis of the provisions of this Law.
Article 64. [ Application of provisions of the Act] The provisions of this Act shall apply to the provision of data on required obligations arising prior to the date of entry into force of this Act.
Article 65. [ Economic information] Economic information provided to the economic information offices on the basis of the provisions of the Act referred to in art. 69, shall be regarded as economic information within the meaning of the provisions of this Law.
Article 66. [ Conduct initiated and not completed] Proceedings for disclosure of economic information initiated and not completed before the date of entry into force of this Law shall be carried out on the basis of existing provisions.
Article 67. [ Checks initiated and not completed] The control of economic activities of an economic information office initiated and not completed before the date of entry into force of this Law shall be carried out on the basis of existing provisions.
Article 68. (bypassed).
Article 69. [ Repealed provisions] The Law of 14 February 2003 is repealed. on the provision of economic information (Dz. U. Nr 50, poz. 424, with late. zm.).
Article 70. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement.
[ 1] Article 2 (1) Point 3, as set out in Article 2 (3), 11 point 1 of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 2] Article 2 (1) Article 2 (4), as amended by Article 2 (2) 11 point 1 of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 3] Article 11 (1) 1 in the wording set by Article 1. 11 point 2 (a) a) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 4] Article 11 (1) 2 in the version set by the Article. 11 point 2 (a) a) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 5] Article 11 (1) 7 added by art. 11 point 2 (a) b) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 6] Article 11a added by art. 11 point 3 of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 7] Art. 12a added by art. 11 point 4 of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 8] Article 16 (1) 5 in the version set by the Article. 11 point 5 (b) a) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 9] Article 16 (1) 6 in the version set by the Article 11 point 5 (b) a) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 10] Article 16 (1) 7 added by art. 11 point 5 (b) b) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
[ 11] Art. 51a added by art. 11 point 6 of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396). The amendment came into force on 1 July 2015.
