Wednesday, December 11, 2024

Amendments to Corporate Governance Bill Balance Transparency and Privacy

LAWAmendments to Corporate Governance Bill Balance Transparency and Privacy

The legislative process pertaining to the bill on the reform of the corporate order in companies with State Treasury participation (print no. 261) is gathering pace. The Special Subcommittee of the Sejm have adopted crucial amendments, which accord with the demands of the President of the Office for Personal Data Protection (UODO) in terms of personal data protection.

Key amendment: protection of personal data privacy

One of the greatest challenges related to the bill was to propose a public, universally accessible registry where personal data would be located, such as the PESEL number or remuneration of members of the governing and supervisory bodies of companies with State Treasury participation. According to the President of the UODO, such a solution would infringe the right to privacy of individuals.

The amendment adopted by the subcommittee eliminates this risk by introducing a model that enables the objectives of public life transparency to be achieved without revealing data pertaining to specific individuals. Instead of detailed information on the remuneration of individuals, general remuneration principles at specific positions will be available.

The President of UODO evaluated this amendment as a solution to a key and systemic problem of the bill, representing a compromise between the transparency of public life and the protection of the right to privacy.

Retention of data of candidates for supervisory body members

The second significant amendment adopted by the subcommittee pertains to the retention of personal data of candidates for members of the supervisory bodies of companies. The proposal of the President of UODO predicted the necessity of ensuring proper storage of such data in a way that minimizes the risk of their inappropriate use.

Next legislative steps

The legislative process over the bill is ongoing. The adopted amendments regarding personal data protection will be evaluated on further stages of parliamentary works. Decisions in this matter will have a significant impact on the form of the final transparency model in companies with State Treasury participation, while simultaneously respecting citizens’ rights.

The solutions adopted in the subcommittee indicate that it’s possible to reconcile the need for transparency in the functioning of companies with personal data protection requirements. This is an important step towards the creation of modern regulations governing corporate governance.

Source: https://managerplus.pl/lad-korporacyjny-w-spolkach-skarbu-panstwa-nowe-zasady-retencji-danych-i-jawnosci-wynagrodzen-34196

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