Banking law

ftl lawyers have unique experience gained from providing legal services to entities in the Polish and foreign banking sectors. They have participated in adjusting banks’ operations to dynamic changes in legal regulations, advised on the development of banking services, including innovative e-banking solutions, supported banks in optimising their internal and sales processes, performed audits of contractual and internal documentation, represented banks in litigations and arbitration proceedings and in proceedings before the Polish Financial Supervision Authority and the Office of Competition and Consumer Protection.

Implementations

ftl lawyers have many years of experience in adapting banks’ operations to dynamic changes in legal regulations, including the implementation of the Payment Services Act and Open API projects, as regards the contractual documentation, banks’ internal documentation and their IT systems. We also provide legal assistance in the implementation of solutions based on outsourcing services, including with the use of cloud computing, and advise on regulatory aspects of anti-money laundering and counter financing of terrorism, banking secrecy and personal data protection. We develop our proposals for legal and regulatory solutions, taking into account both the basic aspect of compliance (ensuring compliance with the rules and recommendations of Polish and EU supervisory authorities) and additionally the opportunity aspect (benefiting from the opportunities created by regulations for business development). All solutions are proposed bearing in mind the business needs of clients and with a view to minimising any risks.

Contract documentation

ftl lawyers have many years of experience in drafting and auditing all types of contractual documentation used by banks for the provision of banking services (terms and conditions, templates, information clauses, etc.), as well as in drafting and negotiating contracts with various types of providers of services to banks (insourcers, agents, other suppliers, etc.). When working on documents, we always take care to ensure their compliance with regulations and guidelines of supervisory bodies (e.g. EBA guidelines on outsourcing), as well as the precision and unambiguity of their provisions ensuring transparency of the rules of use of services by bank clients or the business relations between the parties.

Internal processes

ftl provides comprehensive legal assistance in the development and audit of documentation and internal processes of banks to ensure their compliance with the law, guidelines of Polish and EU supervisory authorities, subject to the specifics of a particular entity, its organisational structure, information flow within the organisation and the services it offers. Our goal is always to precisely identify the client’s needs and to develop solutions and documentation reflecting them, allowing the client to optimally streamline its processes and the use of its resources, and to eliminate any doubts regarding the division of powers and responsibilities between the various internal units of a particular entity.

Advice on day-to-day business

ftl supports entities in the Polish banking sector in their day-to-day business, e.g. by reviewing various marketing activities of banks, monitoring legislative and case-law changes that may have an impact on banks’ activities, solving day-to-day problems related to the provision of services by banks to consumers and entrepreneurs or working with external service providers to banks.

Defending the interests of banks in legal proceedings and before supervisory authorities

ftl lawyers have many years of experience, supported by numerous successes, in defending the interests of entities in the Polish banking sector in proceedings before courts of general jurisdiction, arbitration courts and supervisory authorities. We have participated both in proceedings concerning services provided by banks and in disputes arising out of the relations with various entities working with banks.