POLAND
Since October 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Poland and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Poland acceded to the Treaty on 21 July 2003, with its provisions coming into force on 21 October 2003. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
POLAND
Since June 2016
Since September 2018
Since September 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act of 5 July 2018 Amending the Unfair Competition Act and Certain Other Acts (Ustawa z dnia 5 lipca 2018 r. o zmianie ustawy o zwalczaniu nieuczciwej konkurencji oraz niektórych innych ustaw)
Act of 5 July 2018 Amending the Unfair Competition Act and Certain Other Acts (Ustawa z dnia 5 lipca 2018 r. o zmianie ustawy o zwalczaniu nieuczciwej konkurencji oraz niektórych innych ustaw)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Poland transposed the Directive with the Act of 5 July 2018, amending the Unfair Competition Act and certain other acts in 2018.
Coverage Horizontal
POLAND
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Poland, and it is practised in the mobile and fixed sectors based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
POLAND
Reported in 2014, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
It is reported that the government fully owns NASK (Naukowa i Akademicka Sieć Komputerowa), a Polish institution dedicated to developing and maintaining the country’s scientific and academic network infrastructure. NASK’s primary role is to provide secure and advanced network services, such as internet connectivity, high-speed networks, and cybersecurity, to research institutions, universities, and other educational organisations. It also manages domain registration and web hosting services, supporting the Polish academic and scientific community's technological needs.
Coverage Telecommunications sector
POLAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Poland does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.
Coverage Telecommunications sector
POLAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Office of Electronic Communications (UKE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
POLAND
Since November 2009
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Act on Gambling Games (Ustawa o grach hazardowych)
Under the Act on Gambling Games, Art. 15.d, online gambling providers have to store data related to gambling activities and transactions within the EU or the European Economic Area and provide permanent remote access to tax authorities.
Coverage Online gambling
Sources
- https://web.archive.org/web/20241108210554/https://finanse-arch.mf.gov.pl/documents/766655/6144946/Gambling+Law+v.09.2017.pdf
- https://web.archive.org/web/20230305034058/https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20092011540/U/D20091540Lj.pdf
- https://web.archive.org/web/20230119003952/https://thelawreviews.co.uk/title/the-gambling-law-review/poland#footnote-013
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POLAND
Since November 2024
Since July 2004, until November 2024
Since July 2004, until November 2024
Pillar Cross-border data policies |
Indicator Local storage requirement
Electronic Communications Law (Ustawa z dnia 12 lipca 2024 r. Prawo komunikacji elektronicznej)
Telecommunications Act (Prawo telekomunikacyjne)
Telecommunications Act (Prawo telekomunikacyjne)
Under Art. 47 of the Electronic Communications Law of 2024, telecommunications providers are required to store certain types of user data for 12 months, including user identity, date and time and the type of connection, in the territory of Poland. The Electronic Communications Act entered into force on 10 November 2024, thereby superseding the Telecommunications Act of 2004. Under Arts. 180a-180c of the repealed Telecommunications Act, telecommunications providers were required to store certain types of user data for 12 months, including user identity, date and time and the type of connection, in the territory of Poland.
Coverage Telecommunications sector
Sources
- https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/prawo-komunikacji-elektronicznej-22035493
- https://web.archive.org/web/20220308125839/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
- https://web.archive.org/web/20250812153013/https://revera.legal/en/info-centr/news-and-analytical-materials/1807-novye-polozheniya-zakona-o-elektronnoj-svyazi-chto-dolzhen-znat-predprinimatel/
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POLAND
Since March 2004, last amended in February 2014
Since September 2019, entry into force in January 2021
Since September 2019, entry into force in January 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act 2019 (Prawo Zamówień Publicznych)
Public Procurement Act 2019 (Prawo Zamówień Publicznych)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Poland, the Directive has been transposed with the publication of the consolidated text of the Act - Public Procurement Law.
In Poland, the Directive has been transposed with the publication of the consolidated text of the Act - Public Procurement Law.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://www.gov.pl/attachment/8887d698-b2c3-4334-b902-191209dbc6b4
- https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20190002019/U/D20192019Lj.pdf
- https://iclg.com/practice-areas/public-procurement-laws-and-regulations/poland
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POLAND
Since April 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act of 6 March 2018 on Entrepreneurs - Entrepreneurs Act (Ustawa z dnia 6 marca 2018 r -Prawo przedsiębiorców)
Poland promotes the establishment and ownership of business enterprises by both domestic and international entities, encouraging participation across diverse economic sectors. This framework is governed by the Entrepreneurship Act, effective since April 2018, which outlines legal provisions for business activities under the Commercial Companies Code. However, the government imposes restrictions on foreign ownership and equity investments in certain strategic sectors, including air transport, radio and television broadcasting, and airport and seaport operations. These restrictions do not apply to sectors relevant to digital trade.
Coverage Horizontal
POLAND
Since July 2015, as amended in July 2020, last amended in July 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act of 24 July 2015 on the Control of Certain Investments (Ustawa z dnia 24 lipca 2015 r. o kontroli niektórych inwestycji)
Under the Act on the Control of Certain Investments, any investor from outside the European Economic Area (EEA) or the OECD intending to acquire a 20% or higher stake in a strategic Polish company requires prior approval from the President of the Office of Competition and Consumer Protection (UOKiK). The rules apply to companies with a registered seat in Poland that generate more than EUR 10 million in turnover in at least one of the two preceding financial years and that are either publicly listed, control assets classified as "critical infrastructure", develop or maintain software essential to vital processes (such as energy supply, cloud computing, healthcare, financial services, or transport and logistics), or operate in one of 21 designated strategic sectors, including telecommunications.
The regime was introduced in 2020 through Anti-Crisis Shield 4.0 (Dz.U. 2020 poz. 1086) in response to the COVID-19 pandemic. Although originally intended as a temporary measure for two years, it was subsequently extended by the Polish Parliament in mid-2022 for an additional three years, remaining in force until July 2025. In addition to the 20% acquisition threshold, filing obligations also arise when an investor’s shareholding increases beyond 40%, or in cases involving the acquisition of control or the purchase of assets constituting an enterprise or an organised part thereof. Transactions completed without the required approval are considered null and void, and violations may give rise to criminal liability, including substantial fines and possible imprisonment.
The regime was introduced in 2020 through Anti-Crisis Shield 4.0 (Dz.U. 2020 poz. 1086) in response to the COVID-19 pandemic. Although originally intended as a temporary measure for two years, it was subsequently extended by the Polish Parliament in mid-2022 for an additional three years, remaining in force until July 2025. In addition to the 20% acquisition threshold, filing obligations also arise when an investor’s shareholding increases beyond 40%, or in cases involving the acquisition of control or the purchase of assets constituting an enterprise or an organised part thereof. Transactions completed without the required approval are considered null and void, and violations may give rise to criminal liability, including substantial fines and possible imprisonment.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20240615225500/https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2020/06/Poland-introduces-control-over-non-eu-non-OECD-investments-in-certain-sectors-X.p...
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20231128204324/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/poland
- https://web.archive.org/web/20240516085401/https://investmentpolicy.unctad.org/investment-policy-monitor/171/poland
- https://web.archive.org/web/20220209085735/https://trade.ec.europa.eu/doclib/press/index.cfm?id=2006
- https://web.archive.org/web/20231129153157/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
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POLAND
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.04%
Coverage rate of zero-tariffs on ICT goods (%)
77.64%
Coverage: ICT goods
NETHERLANDS
Since June 2014
Since March 2017, last amended in May 2022
Since March 2017, last amended in May 2022
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming)
Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Enforcement Act.
Coverage Horizontal
NETHERLANDS
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The Netherlands has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
