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New legislation related to foreign direct investment (FDI) has recently been introduced in Poland with the goal of protecting domestic businesses from hostile takeovers* . The amended Act on the Control of Certain Investments came into force on July 24th 2020 and sets out rules and procedures for the control of certain transactions that would result in the acquisition of significant holdings or dominant positions in Polish entities operating in certain strategic sectors.
Although the new screening procedure is aimed at protecting Polish entities and ensuring national security and the general public health, it will have a definite impact on the Polish M&A market, especially when it comes to the growing Polish start-up scene and the boom in the hi-tech and innovative companies sector. Strategic focus The new FDI legislation substantially extends the list of types of businesses covered by the screening procedure, as it now applies to: all public-listed companies; entities owning assets in strategic infrastructure; IT sector entities that, for example, develop or modify software to manage public infrastructure as well as those involved in data transmission, data storage and data processing, as well as payment services; entities providing cloud computing data storage or processing services; and entities operating in core sectors – such as energy, oil, gas, chemicals, military technology, telecommunications, medical devices and products, medicina
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