- Business in Poland -
Protection of Personal Rights – Pre-Litigation Demand Letter and Lawsuit Step by Step
Personal rights are non-property interests protected by law and connected with a natural person, as well as, where applicable, with a legal person or an organisational unit to which the law grants legal capacity. They include, in particular, reputation, dignity, image, privacy, confidentiality of correspondence and, in relation to organisations, also business reputation and credibility. An illustrative catalogue of personal rights of individuals is set out in Article 23 of the Polish Civil Code, the protection mechanism is primarily regulated by Article 24 of the Polish Civil Code, and the protection of legal persons is provided for in Article 43 of the Polish Civil Code [1].
In business practice, infringement of personal rights most often arises in connection with media publications, online posts, employment disputes, competitors' actions, crisis communication, notifications to authorities and statements made by persons holding public or managerial positions. Effective protection of personal rights requires a prompt assessment of the facts, securing evidence and choosing the right response: from a pre-litigation demand letter to a lawsuit for the protection of personal rights.
When Does an Infringement of Personal Rights Occur?
An infringement of personal rights consists of an act or omission that objectively affects a protected interest. A mere subjective feeling of harm is not sufficient. The court assesses the case according to objective criteria, taking into account the context, reach of the statement, status of the parties, purpose of the action and public perception.
Examples of typical infringements include:
- publishing false information about an entrepreneur, management board member or employee,
- accusing someone of committing a criminal offence without factual grounds,
- disseminating material that violates privacy or image rights,
- a disinformation campaign targeting a company's reputation,
- public disclosure of confidential information that may undermine trust in an organisation.
In media and reputation-related cases, the distinction between facts and opinions is crucial. A statement of fact should be capable of being verified as true or false. An opinion enjoys broader protection, but it may also infringe personal rights if it is insulting, unreliable or detached from factual grounds.
When an Action May Not Be Unlawful: Three Common Exceptions
In personal rights cases, there is a presumption that the infringement is unlawful. This means that the person accused of the infringement should demonstrate circumstances excluding unlawfulness. In practice, three exceptions are most commonly analysed:
- consent of the entitled person,
- action based on a legal provision,
- action in defence of a justified public or private interest.
Each of these exceptions depends on the facts of the case. Consent must cover the specific scope of the action. Acting on the basis of a legal provision does not give freedom to make arbitrary allegations. Public interest does not protect statements that are unreliable, manipulative or disproportionate.
Pre-Litigation Demand Letter in a Personal Rights Protection Case
A pre-litigation demand letter is often the first formal step. It is not always mandatory, but in many cases it has significant procedural and negotiation value. It allows the injured party to identify the infringement, demand that it cease, request the removal of its effects and propose an amicable resolution of the dispute.
A well-prepared demand to cease infringement of personal rights should include:
- a precise identification of the infringing content or action,
- an indication of the personal rights infringed, such as reputation, good name, image or privacy,
- a description of the facts and evidence confirming the infringement,
- a demand to cease further infringements,
- a demand to remove the effects of the infringement, for example by publishing an apology, removing a post or, in press matters, publishing a correction under the rules provided for in the Polish Press Law,
- a deadline for complying with the demands,
- a warning that the case will be referred to court if the infringement is not remedied.
The content of the letter should be firm, but procedurally safe. Overly broad demands, emotional language or a lack of precision may make it more difficult to pursue claims later. In cases involving entrepreneurs and institutions, the demand letter also serves a reputation risk management function, as it organises the position and reduces the risk of communication escalation.
What Claims Are Available for the Protection of Personal Rights?
Article 24 of the Polish Civil Code provides for several basic remedies [1]. A person or entity whose personal rights have been infringed may demand:
- cessation of infringements if a personal right is threatened, the infringement is ongoing or there is a risk that it will be repeated,
- removal of the effects of the infringement, for example by publishing a statement with appropriate content and in an appropriate form,
- in appropriate cases - monetary compensation for non-material harm or payment of an appropriate sum for a specified social purpose, in accordance with Article 448 of the Polish Civil Code [1],
- damages if the infringement caused financial loss,
- a declaration that an infringement occurred, if there is a legal interest in obtaining such a ruling.
In press matters, separate instruments under the Polish Press Law may also apply, including the correction of press material under the rules provided for in that law [4]. This does not, however, replace civil claims for the protection of personal rights.
Personal Rights Lawsuit Step by Step
A lawsuit for the protection of personal rights should be prepared with evidence, possible defences of the defendant and enforceability of the demands in mind. In practice, the proceedings include the following stages:
- Analysis of the infringement. It is necessary to determine which personal rights have been infringed, who is responsible for the infringement and what the reach of the action was.
- Securing evidence. In online cases, screenshots, links, website archiving, publication data, recordings, correspondence and witnesses are important.
- Assessment of the response strategy. Not every case requires an immediate lawsuit. Sometimes a demand letter, negotiations or a request to the administrator to remove content may be more effective.
- Formulation of claims. A demand for an apology must specify the content, place, time and method of publication. Monetary claims should be justified by the scale of the infringement.
- Filing the lawsuit. The lawsuit is filed with the competent civil court in accordance with the rules of the Polish Code of Civil Procedure [2].
- Considering interim relief. In urgent cases, it is possible to request interim measures, for example the temporary removal of content or a ban on further dissemination of specific information, provided that the requirements under Article 730 et seq. of the Polish Code of Civil Procedure are met. In cases against mass media outlets, the restrictions on publication bans arising from Article 755 of the Polish Code of Civil Procedure must also be taken into account [2].
Court fees depend on the type and value of the claims. As a rule, the fixed fee for a lawsuit seeking protection of personal rights in respect of non-property claims is PLN 600. If monetary claims are pursued, such as compensation for non-material harm, payment for a social purpose or damages, the fee also depends on the value of those claims in accordance with the Act on Court Costs in Civil Cases [3]. This should be verified each time before filing a lawsuit.
Evidence in a Personal Rights Infringement Case
Evidence should show not only the infringing content itself, but also its context, reach and consequences. In reputation cases, relevant evidence may include a decline in trust among business partners, customer reactions, business correspondence, loss of a contract, internal compliance reports and secondary publications repeating the original allegation.
In the case of online content, time matters. Material may be deleted, changed or moved. For this reason, it is advisable to secure evidence before sending a demand letter. In high-risk disputes, notarised confirmation of website content or professional archiving of the material may be useful.
The Role of a Law Firm in Personal Rights Cases
Reputation cases are rarely purely legal disputes. They often combine civil proceedings, criminal risks, crisis communication, employment law, compliance obligations and media relations. Therefore, the strategy should include both a legal assessment and the anticipated business consequences.
Support in the area of personal rights and media law usually includes analysis of the infringement, preparation of a demand letter, representation in negotiations, drafting a lawsuit, filing an application for interim relief and conducting court proceedings. Kopeć & Zaborowski Law Firm also supports clients in cases where reputation protection is connected with notifications to authorities, internal disputes or a response to media publications.
This material is for informational purposes only and does not constitute legal advice. In cases where a quick assessment of the infringement, securing evidence or preparation of a lawsuit is required, an appropriate step may be to consult KKZ lawyers through the law firm's website.
FAQ - Protection of Personal Rights: Pre-Litigation Demand Letter and Lawsuit
What are the personal rights of an entrepreneur?
The personal rights of an entrepreneur include, in particular, business reputation, good name, credibility, name, confidentiality of correspondence and other non-property interests connected with business activity. Legal persons also benefit from the protection of personal rights under Article 43 of the Polish Civil Code in conjunction with Articles 23 and 24 of the Polish Civil Code [1].
Is it necessary to send a pre-litigation demand letter before filing a lawsuit?
As a rule, there is not always such an obligation, but a demand letter is often beneficial. It helps demonstrate an attempt to resolve the dispute amicably, clarifies the demands and may lead to the swift removal of the infringement without court proceedings.
How quickly should you respond to an infringement of personal rights online?
It is best to secure evidence as soon as possible. Online content may be deleted or changed. A quick response makes it easier to prove the scope of the infringement and limit further dissemination.
Does a critical opinion always infringe personal rights?
No. Criticism may be permissible if it remains within the limits of the law, has a factual basis and is not insulting. The assessment depends on the content, context, status of the parties and the interest served by the statement.
What can be demanded in a lawsuit for the protection of personal rights?
It is possible to demand, among other things, cessation of infringements, removal of their effects, an apology, compensation for non-material harm, payment for a social purpose or damages if financial loss has occurred. The scope of claims depends on the facts of the case.
Can removal of a publication be demanded before the judgment?
In certain situations, an application for interim relief is possible, for example through the temporary removal of content or a ban on further dissemination of information. The court assesses whether the claim has been substantiated and whether there is a legal interest in granting interim relief, and in cases against mass media outlets it also takes into account special restrictions on publication bans [2].
Bibliography
- [1] Act of 23 April 1964 - Polish Civil Code, in particular Articles 23, 24, 43 and 448.
- [2] Act of 17 November 1964 - Polish Code of Civil Procedure, in particular Article 730 et seq. and Article 755.
- [3] Act of 28 July 2005 on Court Costs in Civil Cases.
- [4] Act of 26 January 1984 - Polish Press Law, in particular the provisions concerning corrections.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
