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.

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.

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.

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.

Under the Act on the Control of Certain Investments, any investor from outside the EU, European Economic Area (EEA), or OECD intending to acquire a 20% or higher stake in a strategic Polish company requires approval from the Ministry of State Treasury. This includes companies involved in "critical infrastructure" and certain types of software used in sectors such as energy supply, cloud computing, healthcare, voice transmission, and financial services.
The Act was amended in 2020 by Decree 020 poz 1086 to expand the list of strategic companies requiring approval. Initially introduced in response to the COVID-19 pandemic for two years, the regime was extended by the Polish parliament in mid-2022 for an additional three years, until July 2025. Under this amendment, foreign acquisitions from non-EEA countries require prior clearance from the President of the Polish Competition Authority if the company has a turnover exceeding EUR 10 million (approx. USD 11 million) and meets any of the following criteria: 1) the company is publicly listed; 2) it controls assets classified as critical infrastructure; 3) it develops or maintains software crucial to vital processes (e.g., utility systems, financial transactions, food distribution, transport and logistics, or healthcare systems); or 4) it operates in one of 21 specific industries, including telecommunications.

It is reported that the Polish Patent Office does not recognise inventions that are exclusively based on digital technologies and do not have a tangible material correlation, such as specific algorithms.

Poland is a party to the Patent Cooperation Treaty (PCT).

There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Act on Copyright and Related Rights establishes a series of copyright exceptions, including copies for private use, incidental reproduction, news reporting, critique and analysis and pedagogical use.

Copyright is not adequately enforced online in Poland. It is reported that stakeholders identify online copyright piracy as a significant concern in the country and note inconsistent enforcement by law enforcement agencies, along with backlogs in the Polish courts.

Poland and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Poland acceded to the Treaty on 23 December 2003, with its provisions coming into force on 23 March 2004. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.

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.

The Netherlands has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

The Netherlands has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.