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Franchising falls under the Polish competition regulator's scrutiny

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The general principle of freedom of contract is applied to franchise agreements. Parties are free to determine the contract's content. The franchisee operates under its own name, bearing the financial risk of its activities. Polish law does not require business-to-business agreements to be drafted in Polish. Therefore, should both parties agree, the English version is sufficient. Under Polish law, parties to a B2B contract may agree to modify their contractual liability. In practice, contracts limit liability by excluding specific events or specific losses or by indicating a maximum value. It is common for parties to cap their total liability under a contract, and the most typical cap is the value of the contract.

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Source: Paulina Józefczuk, Aleksandra Kunkiel-Kryńska, BPCC Contact Magazine, June 2015

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