In our previous article, we discussed the importance of building good relationships with your accountant, lawyer, customs officer, and marketer. Today, we’ll focus on how a lawyer can assist you. Let’s explore 10 types of contracts in Poland that are necessary for your business. The first 6 are mandatory for 90% of entrepreneurs.
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Important Contracts in Poland
1 | Company Statute or Partnership Agreement
This document outlines the risks, relationships, roles, and shares of the company’s board members. If you’re just starting out, testing the waters, it’s essential to outline these agreements on paper, at least in the initial stages. You don’t need to send it to court, but it’s critical to document the shares, terms of entry/exit, and roles between partners.
2 | Employment Contracts
This document is necessary for employees. It defines the terms of employment, responsibilities, risks, deadlines, and salary. We recommend several types:
- The classic employment contract for your company.
- A contract transferring copyright (umowa o dzieło z przeniesieniem praw autorskich). The benefits of this type of agreement include lower taxation for one-time work or services. Specialists who provide services subject to copyright should be hired under this contract to minimize costs and secure copyright over the product (website, article, etc.).
3 | Non-Compete Agreement
This can be included as a clause in the employment contract. Employees who interact with clients and use your technology should not have the option of switching to competitors or starting a business using your client base or technology. Be sure to include clauses on non-competition and penalties for violations.
4 | Confidentiality Agreement
This is another crucial contract in Poland. It’s signed with employees, contractors, and business partners to ensure that the company’s internal matters — such as issues, solutions, plans, and financial flows — remain confidential. An indiscreet word from an employee could harm the company.
5 | Personal Data Processing Agreement
GDPR (General Data Protection Regulation) or RODO (Rozporządzenie o Ochronie Danych Osobowych) in Poland. When collecting personal data from your employees, the agreement should explicitly include their consent to use their personal data. It’s recommended to handle personal data appropriately. If you hire someone, you need to know a minimum amount of information about them.
6 | Partnership Agreement
This can contain various points. For example, an agreement with companies to receive referral commissions. Some businesses have a marketing plan where they offer partners a percentage of clients they bring, avoiding the need to spend on marketing.
7 | Client Agreement
For providing intellectual services (like website development or writing articles), it’s recommended to sign a contract with clients to protect both you and the client. In certain niches (e.g., interior design, construction), clients won’t even talk to you without such an agreement.
8 | Public Offer + Company Work Policy for the Website
Your website should include a cookie policy and an agreement for processing personal data collected from clients. Additionally, you must provide a public offer for the sale of goods or services on the site. This includes important points such as risks, return policies, and liability.
9 | Consent for Photo and Video Use + Personal Data for Public Events
This contract is essential for offline events that involve filming. Another option is to use badges to indicate who has given consent for filming and who hasn’t. Technically, by attending a public event, a person gives consent, knowing there will be cameras. However, if you plan to use these photos for commercial purposes where individuals are prominently featured, it’s better to secure written consent in advance. When someone attends an event, you should have them sign an agreement granting permission to use photos on social media or for promoting future events.
10 | Supplier Agreement with Penalties for Delays (Odsetki, Kara)
For manufacturers, this type of agreement is helpful. It outlines the penalties for contractors if they fail to meet obligations, especially when such failures could harm the business.
Bonus | Investment Agreement
This document is necessary when attracting investment, selling a stake in a business, or during startup operations. For example, if you’ve created a beauty salon and want to expand into other regions but don’t have the operating capital to do so, you might find an investor willing to invest 200,000-300,000 euros in your business. Several points will need to be outlined, such as the terms for the investor’s entry, their share, and so on. These details are formalized in the investment agreement.
This is the top list of documents for managing a business in Poland. If you have any questions or need consultation regarding starting or running a business in the Republic of Poland, the Uniconsulting team is always ready to assist you.
