Month: August 2024

There is not much time left until 25 September. It is on this date that the Act on the Protection of Whistleblowers will take effect. This regulation aims to increase transparency and accountability in private and public companies.

We reported on the details of the new legislation in our July article (read here). We now take a look at the system of internal reporting regulations and the benefits for companies of implementing them.

Introduction and purpose of the rules

A whistleblower is a person who reports violations of the law that have occurred in connection with his or her work.

The new regulations are intended to provide protection for any whistleblower. The whistleblowing regulations are a key document that aims to create a secure and confidential channel for employees to report violations of the law. It is mandatory for entities with at least 50 employees, but smaller companies can also implement it, which is highly recommended.

Process for drawing up the regulations

The bylaws should be drafted after consultation with the company’s trade union or employee representatives and their provisions become effective 7 days after they are made public.

The document should clearly specify, among other things:

• who is responsible for receiving notifications,
• what forms the report take (written, oral, telephone, etc.),
• whether anonymous reports are accepted,
• who follows up on the report, including internal verification of the report,
• what is the post-notification procedure.

Implementation of the rules

The rules and regulations should be clear and understandable to all employees and colleagues. Regular training and information on the procedures will also certainly be very important for the effective functioning of the notification system. In turn, monitoring and updating the bylaws will ensure that they are in line with current legislation and effective in practice.

Benefits of implementing internal notification procedures

Implementing internal reporting procedures offers numerous benefits to businesses, both legally and in terms of image. First and foremost, creating a secure channel for reporting legal violations allows for early detection and resolution of potential problems before they escalate into major legal or employer reputation crises.

Additionally, businesses that implement such procedures gain a tool for effective risk management, which can reduce financial and operational losses related to irregularities.

From an image perspective, companies that actively promote transparency and accountability build trust among employees, customers and business partners alike. A company that is committed to ethical standards is seen as more credible and trustworthy. This, in turn, can attract better employees, business partners and customers who value integrity and transparency in their operations.

Summary

There is little time left to implement internal whistleblowing regulations, but it is worth carrying out the process thoughtfully, diligently and thoroughly. It is crucial to ensure the confidentiality and protection of whistleblowers’ personal data and to precisely define roles within our organization.

The creation of rules and regulations should include consultation with either trade unions or employee representatives and provide effective communication channels and legal support.

The implementation of the bylaws must be carefully planned, adapted to the specifics of the organization and, above all, in compliance with the applicable legislation.

We recently wrote about insurance in yachting (click here). Today we’re back with the topic and we’re taking on Accident Insurance (hereafter: AI).

Yachting carries risks associated with being on the water. Accident insurance in the context of yachting is extremely important. It provides financial protection in case of accidents that may occur while sailing.

So what is accident insurance and why is it important for sailors? What risks does it cover and what to look out for when choosing a policy?

What is accident insurance?

Accident insurance is a policy that provides compensation in the event of personal injury, permanent disability or death as a result of an accident. The policy can cover both accidents in private life and during specific activities, such as sailing.

Why is accident insurance important for sailors?

Sailing, while providing a lot of excitement and pleasure, also involves various risks that can lead to accidents. That is why accident insurance is also important in yachting. Just a few of the reasons are worth mentioning:

• crew and passenger protection – insurance can cover not only the captain but also the crew and passengers, which is particularly important when cruising with family or friends,
• financial security – in the event of an accident, the insurance provides financial support to cover medical, rehabilitation and other expenses,
• peace of mind – accident insurance provides peace of mind because, in the event of an accident, you will not have to worry about the costs associated with treatment or rehabilitation.

The scope of cover of accident insurance for sailors

Accident insurance for sailors can cover a variety of situations, often resulting in accidents. Typical coverage includes:

• bodily injury – compensation for permanent injury such as fracture, sprain, head injury, burn,
• treatment and rehabilitation costs – reimbursement of costs related to hospital treatment, medical procedures, rehabilitation and purchase of medical equipment,
• death of the insured – financial benefit to the family or persons nominated by the insured in the event of death due to an accident,
• permanent disability – payment of a single indemnity or pension in the event of permanent disability caused by a boating accident,
• additional benefits – depending on the policy, the insurance may also cover the cost of medical transport, assistance in adapting the apartment to the need of the disabled person and other forms of support.

What to look for when choosing an accident insurance policy for sailors?

When choosing an accident insurance policy, pay attention to:

• the scope of cover – make sure the policy covers all the risks associated with sailing, both during sea and inland voyages,
• the price of the policy – compare quotes from different insurers, but remember that the cheapest policy does not always provide the best cover. It is important that the policy is tailored to your needs and sailing style,
• exclusions and limitations – look at the situations where the insurer, may refuse to pay claims, such as accidents under the influence of alcohol, drugs or involvement in illegal activities,
• sum insured – which determines the maximum amount the insurer will pay out in the event of an accident, this sum determines the maximum amount the insurer will pay out int the event of an accident, this sum should be adequate for potential medical and rehabilitation costs,
• additional options – check whether the policy offers additional options such as boating equipment, insurance, medical assistance or cover for medical treatment abroad.

Summary

Accident insurance in the context of yachting is a key element of financial protection for sailors. It provides support in the event of an accident, covering medical, rehabilitation and other expenses related to the accident. When choosing the right policy, it is worth looking at the scope of cover, the sum insured and the exclusions and limitations. Having an accident insurance policy, combined with proper education and adherence to safety rules on the water, gives boaters a sense of security and reassurance that they will not be left alone with financial problems in the event of an accident.

What is risk?

Risk management in projects is a key element that can determine the success or failure of a project. Risks in projects are any uncertain events or conditions that can have a positive or negative impact on project objectives. Effective risk management allows for:

• identifying,
• assessment,
• and control of these uncertainties,

Which in turn helps to achieve the objectives.

What is risk management?

Risk management is the process of:

• identifying all possible risks that could affect the project. It is important to consider both internal and external risks,
• analyzing them in terms of their probability and potential impact on the project. The analysis identifies which risks are most important and require special attention,
• responding to project risks (developing a strategy). We can avoid risk, reduce its impact, transfer the risk to another entity (e.g. through insurance) or accept the risk and prepare an action plan in case it occurs,
• monitoring and control, because risk management is an ongoing process that requires regular oversight of risks. As the project progresses, new risks may emerge, which also need to be identified and analyzed.

The aim of risk management is therefore first and foremost to minimize negative impacts and maximize the benefits of emerging opportunities.

What is risk register?

The risk register is a tool for recording risks during the development, construction and operation phases of a project, which should:

• identify individual risks,
• identify the source and category of risks,
• identify the owner of the risk,
• describe in detail the risks and their possible consequences,
• report the results of the qualitative and quantitative analysis,
• indicate the planned countermeasures.

The risk register should be regularly updated with new risks. And risks that no longer materialize should be removed from it. The register should also include an up-to-date assessment of the severity and probability of events, as well as an estimate of their time and cost impact.

Why is risk management important?

Risk management allows you to:

• increase the chances of project success – identifying and controlling risks helps avoid problems that could disrupt the project,
• save time and money – early detection of potential problems enables rapid response and minimization of costs,
• improve communication – regular reporting of risks and mitigation actions improves communication within the project team and with stakeholders.

Examples of project risks

The most common risks in projects are:

• financial risks – budget overruns, payment delays, currency exchange rate changes,
• organizational risks – lack of human resources, communication problems, changes in the company’s management,
• external risks – changes in legal regulations, natural disasters, actions of competitors.

Summary

Risk management is an integral part of effective project management. It allows you to anticipate potential problems and react quickly to changes, which in turn increases the chances of successful project completion.
Remember that risk management is an ongoing process that requires a systematic approach and the involvement of the entire project team 😊

In the booming yachting industry, intellectual property protection is becoming increasingly important. Competition is demanding and often exploits routes blazed by other market participants. Why and how should intellectual property be protected?

Benefits of intellectual property protection

1. Brand protection

Registering trademarks protects a company against unauthorised use of marks by competitors. This makes the company recognisable, builds customer loyalty and gains the trust of business partners. Brand protection means that customres will be assured that products come frome a proven and trustworthy manufacturer that cares about every aspect of its business.

2. Combating counterfeiting

In the yachting industry, quality is key. Registration rights allow you to effectively combat fakes. This provides customers with authentic, high-quality products and innovative manufacturers with a deserved income. It is also worth noting that effectively fighting counterfeits not only protects a company’s reputation, but also significantly facilitates complex court procedures when legal disputes arise.

3. Increasing goodwill

A registered trademark is tangible value that can be used as an asset on a company’s balance sheet. It is also an important asset when negotiating with investors, who often look at the level of IP protection before deciding to commit capital. Besides, if a company is sold, registered trademarks can signigicantly increase its market value.

4. Protection of innovation and design

Registering industrial designs protects the uniqe design and appearance of your products. This keeps your innovations safe and can give your company a competitive advantage. Design protection is particularly important in industries where people “buy with their eyes” and the aesthetic and functionality of design play an equal role.

5. Earings

Selling rights to registered marks or designs allows you to profit from innovation by licensing your intellectual property to other companies. This can be additional source of income that increases profitability of your business. Licensing your intellectual property can also lead to strategic business partnerships.

6. Monitoring of design and trademark registers

Allows you to react quickly if competitors attempt to copy your brand of products. Regular monitoring of registers enables you to act quickly and prevent infringement, which in turn minimises the risk of financial and reputational damage

What can be protected in yachting?

The number of objects of protection under intellectual property law is basically limited only by the imagination of the creators. However, the most typical and at the same time the most frequently registered manifestations of entrepreneurs’ creativity can be distinguished:

• the company name and logo, i.e. the basic elements of brand identification,
• the name of the yacht model, which protect the uniqueness of the offer,
• the advertising slogan and slogan, which build recognition,
• the shape and design of the yachts, which protect the unique design,
• colours and paint scheme as distinctive elements,
• specific technology, where technical innovations are protected,
• the name of the service package and loyalty programme as unique offers,
• the individual name of the yacht, which highlights its uniqueness,
• a unique piece of equipment to protect unique features,
• team/sports club logos that build identity,
• accessories and sportswear as additional brand products.

How to check whether a company should protect its intellectual property?

The number of expressions of creativity that are protectable as intellectual property is unlimited. Just as human ingenuity is unlimited. However, intellectual property and the rights arising from it are protected by specific legislation. That is why professional support in the examination of needs – from formulation of the documentation to the conclusion of the official procedure – makes it possible to obtain adequate protection and provide a sense of security. Effective care of intangible aspects of business, including industrial property, requires knowledge of the regulations, the industry and the specifics of the company’s business and other market players. Therefore, it is always advisable to take advantage of an audit and examine the needs of the company. Perhaps small changes, under the guidance of a professional, will bring significant benefits.

Summary

Protecting intellectual property in the yachting industry is not only a necessity, but also a key, although often overlooked, element of business strategy that brings numerous benefits. It is worth remembering that a business can function perfectly well without protecting its intellectual property, but when problems arise it may be too late to respond effectively. Then all that is left is costly loss minimisation. Therefore, on the one hand, intellectual property should be treated as an insurance policy just in case, and on the other hand, being aware of its tangible value, it should be taken care of from the very beginning.

World Shipping Council (WSC) has just announced new regulations in the International Convention Convention for the Safety of Life at Sea (SOLAS) for the reporting of containers lost at sea.

The new regulations will come into force on 1 January 2026.

What will change

The new legislation introduces an obligation for ship masters to report lost containers. This is an important step towards improving shipping safety and protecting the marine environment.

What will the master do

• masters will immediately inform nearby ships, the nearest coastal state and the flag state of lost containers,
• the flag state will relay the information from the master of the International Maritime Organisation (IMO) via a special information system,
• masters who see drifting containers will have to report this to nearby ships and the nearest coastal state.

What will the reporting look like

• reports will be made quickly and updated as new information becomes available, 
• and will have to include the position of the lost containers, their number and whether there were dangerous goods in them.

The master will be able to provide additional information in the report, such as cargo or sea conditions.

The importance of the new regulations

Since 2008, the WSC has been collecting data on the number of containers lost at sea from its members. The “Containers Lost at Sea” report is regularly submitted to the IMO and is an important source of information on container safety.

The changes in the law are the result of an analysis of the data provided. They are certainly aimed at improving shipping safety and protecting the environment through the accurate reporting of lost containers. Immediate response and prompt action in undoubtedly a good step to minimise potential risks to the marine environment.

Summary

The new SOLAS regulations, which will come into force in 2026, make it mandatory to report all lost containers. This will make shipping safer and the marine environment better protected. WSC supports these changes and works with various stakeholders to ensure the safe transport of goods across the ocean.

 

Compiled by:

trainee advocate Michał Wieczorek