Magdalena Kogut-Czarkowska is a Counsel in the IP/IT department of Baker McKenzie's Warsaw office. She is seasoned in personal data protection and intellectual property law, focusing on e-commerce and consumer protection issues. Ms. Kogut-Czarkowska is a Certified Information Privacy Professional (CIPP/E). Between 2011 and 2012, she went on a 12-month part-time secondment in a high-profile global management consulting, technology services and outsourcing company, where she handled IT and privacy matters.
Ms. Kogut-Czarkowska advises clients on privacy compliance, particularly with regard to data processing agreements, use of databases within capital groups, outsourcing of data processing, transborder data flows, privacy infringement and sale, lease and registration of databases. Ms. Kogut-Czarkowska advises IT sector companies on the implementation of computer systems, including licensing and maintenance. She is also involved in intellectual property litigation and prosecution, particularly in matters relating to trademark infringement and unfair competition in advertising.
Representative Legal Matters
- Advised an American multinational conglomerate corporation on setting up a global service center (GSC) in Poland. Reviewing the GSC's roles and obligations as a provider of data processing related services, as well as drafting and implementing comprehensive privacy documentation in a privacy-by-design setting.
- Advised an American global pharmaceutical company on setting up framework data processing rules and agreements with its multiple vendors.
- Advised the central administration authority for issues related to collecting and processing of personal data in relation to the implementation of a nationwide road traffic management system covering all motorways in Poland.
- Advised a global management consulting, technology services and outsourcing company on regulatory aspects of internet moderation services for one of its clients from the social media sector. The advice covered both privacy and compliance matters, including criminal liability issues.
- Advised a global IT company in proceedings before the Inspector General for the Protection of Personal Data for the suspected infringement of data protection law.
- Advised a video-sharing website on media regulatory issues connected with the launches of new products; also assisted with taking down infringing content posted on the website and on negotiations with collecting societies regarding fee and licensing arrangements.
- Advised a large distributor of alcohol beverages on the legal aspects of alcohol promotion and advertising in Poland.
- Advised a leading global corporation specializing in internet-related services in negotiating and finalizing a license agreement with the largest collecting society in Poland representing authors of copyrightable works (ZAIKS).
- Advised a social media company on copyright issues — provision of music content by third party service providers and issues relating to making music available on the internet, including licensing requirements and practice of local collecting societies.
Professional Associations and Memberships
- Warsaw Bar of Legal Advisors - Member
- INTA - European Union Subcommittee of the Parallel Imports Committee (PIC) 2012-2013 Committee Term
- International Association of Privacy Professionals (IAPP) - Member
- IAB Poland - E-commerce and legal working groups member
- Poland (2010)
- Jagiellonian University (2006)
- University of Leipzig (2005)
- Catholic University of America