Abstract
Niniejszy artykuł odnosi się do prawa przedsiębiorcy i jego reprezentanta do zachowania milczenia w czasie trwania kontroli. Zgodnie z
The right of a controlled entrepreneur and their attorney to remain silent
The article discusses the right of a controlled entrepreneur and their attorney to remain silent during the control. Pursuant to Art. 45(1) of the Entrepreneurs Law of 6 March 2018 business activities of entrepreneurs are controlled according to the rules laid down in the above-mentioned act unless the control rules and procedure arise from ratified international agreements or directly applies laws of the European Union. In principle, the controlling authority has the right to access enterprise’s confidential information, though access to such sensitive data should be, in particular, governed the principle of legality and the principle of proportionality. In other words, excessive interference of the controlling authorities into confidential information is not permitted. Formally, the correctness of control activities is guaranteed by the right to file an objection. The entrepreneur has the right to keep silent in the course of control activities insofar as the controlling authority commits an excess or in case they may be exposed to criminal liability or liability for tax offences, or administrative pecuniary penalties.