Obowiązek ujawniania danych i informacji dotyczących przedsiębiorców w kontekście zasady bezpieczeństwa obrotu

Abstract

The subject of the above article is the controversy concerning over the obligation of revealing facts and figures regarding the enterprise. The principle of security and certainty of legal transactions requires an universal access to the information, that describe legal and economic situation of the enterprise. The proper registers are obliged to reveal the data concerning the enterprise. According to the first directive of the Council of the European Union of 9 March 1968, those registers may be kept by the courts, the administrative bodies, or the enterprises’ self-governments. It should be assumed that the above mentioned directive sets the catalogue of data and documents, that are sufficient enough to determinate the legal and economic situation of the enterprise, essential to assure the security of commerce. The extension of the data, that are the subject of disclosure may raise some doubts. The issue of a duty to reveal some specific information, gives rise to controversy, especially if concerning privacy rights. Some threats may also be seen in the context of protection of other different personal goods, such as the personal data. Signalising the problem should in no way endorse the demands of abolishing the registers of enterprises or the principle of the open access to the register data. However, the obligation to reveal some particular data of the enterprise, as long as required to fulfil the principle of the security of commerce, should not be in contradiction with a necessity of protection in terms of these subjects concerning the right to privacy and protection of personal details. Undoubtedly, it is possible to build a model that would both allow to disclose the data essential to assure from the security of commerce’s point of view and that would also assure the proper security in terms of private as well as public law.