PORTUGAL
Since January 2008, last amended in July 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree Law No. 18/2008 Establishing the Code of Public Contracts (Decreto-Lei No. 18/2008 Código dos Contratos Públicos - CCP)
Foreign companies are not required to set up branches or subsidiaries or otherwise enter into any commercial agreements with local partners in order to participate in public procurement processes. However, Art. 106 of Decree Law 18/2008 stipulates that, after the awarding takes place, the execution of certain contracts requires that the contractor establishes some type of representation in Portugal.
Coverage Horizontal
POLAND
Since June 2014
Since May 2014
Since May 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act of 30th May 2014 on Consumer' Rights (Ustawa z dnia 30 maja 2014 r. o prawach konsumenta)
Act of 30th May 2014 on Consumer' Rights (Ustawa z dnia 30 maja 2014 r. o prawach konsumenta)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act of 30th May 2014 on Consumer's Rights.
Coverage Horizontal
Sources
- https://web.archive.org/web/20200803112501/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20211020143926/https://ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=98434&p_count=96243&p_classification=01&p_classcount=12525
- https://web.archive.org/web/20231214214825/https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20140000827
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POLAND
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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
Poland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
POLAND
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Poland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
POLAND
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Poland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
POLAND
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Identity requirement SIM card registration
It is reported that Poland imposes an identity requirement for SIM registration, by the 2016 Polish Antiterrorism Act. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card. The 2016 Polish Antiterrorism Act has been contentious due to its provisions conflicting with both the Polish Constitution and the European Convention on Human Rights. However, the text of the law is not available online.
Coverage Telecommunications sector
Sources
POLAND
Since March 2010, entry into force in May 2010, last amended in 2018
Since December 1992, entry into force in March 1993, as amended in August 2021
Since July 2005, as amended in August 2021
Since December 1992, entry into force in March 1993, as amended in August 2021
Since July 2005, as amended in August 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Broadcasting Act (Ustawa z dnia 29 grudnia 1992 r. o radiofonii i telewizji.)
Act of 30 June 2005 on Cinematography (Ustawa z dnia 30 czerwca 2005 r. o kinematografii)
Broadcasting Act (Ustawa z dnia 29 grudnia 1992 r. o radiofonii i telewizji.)
Act of 30 June 2005 on Cinematography (Ustawa z dnia 30 czerwca 2005 r. o kinematografii)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Poland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of August 2021 (Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act). According to Art. 47f of the Act, on-demand audiovisual media service providers must reserve at least 30% of their catalogue for European programmes, including those originally produced in Polish, and ensure they are appropriately visible in their catalogues. This percentage is calculated based on the total number of programmes available in the catalogue for each quarter, with a single season of a series counted as one programme.
Additionally, under Art. 19.6 of the Act of 30 June 2005 on Cinematography (as amended by Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act), on-demand audiovisual media service providers must pay the Polish Film Institute 1.5% of their revenue from either access fees or income from commercial communications, whichever is higher. For providers based in other EU Member States, the payment is based on revenue earned in Poland. This obligation excludes micro-entrepreneurs and providers with a user base below 1% of broadband subscribers in the previous year. Digital platform operators are also subject to a 1.5% levy on fees for access to broadcasted or rebroadcasted television channels.
In Poland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of August 2021 (Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act). According to Art. 47f of the Act, on-demand audiovisual media service providers must reserve at least 30% of their catalogue for European programmes, including those originally produced in Polish, and ensure they are appropriately visible in their catalogues. This percentage is calculated based on the total number of programmes available in the catalogue for each quarter, with a single season of a series counted as one programme.
Additionally, under Art. 19.6 of the Act of 30 June 2005 on Cinematography (as amended by Act of 11 August 2021 amending the Broadcasting Act and the Cinematography Act), on-demand audiovisual media service providers must pay the Polish Film Institute 1.5% of their revenue from either access fees or income from commercial communications, whichever is higher. For providers based in other EU Member States, the payment is based on revenue earned in Poland. This obligation excludes micro-entrepreneurs and providers with a user base below 1% of broadband subscribers in the previous year. Digital platform operators are also subject to a 1.5% levy on fees for access to broadcasted or rebroadcasted television channels.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231229024315/https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu19930070034
- https://web.archive.org/web/20230327205423/https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20210001676
- https://web.archive.org/web/20230328150745/https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20210001676
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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POLAND
Since September 2002
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Open and transparent standard-setting process
Law of September 12, 2002 on Standardisation (Standardisation Act) (Ustawa z dnia 12 września 2002 r. o normalizacji)
According to the Polish Committee for Standardisation (Polski Komitet Normalizacyjny – PKN), to become a member of a Technical Committee (KT), Project Committee (KZ), or Technical Subcommittee (PK), an entity must (i) meet the requirements set forth in Article 23.2 of the Standardisation Act of September 2002; (ii) operate and be registered in the Republic of Poland; and (iii) possess expertise in the thematic scope of the KT, KZ, or PK they wish to join. Membership in these committees is voluntary and free of charge. As specified in Art. 23.2 of the Standardisation Act, a technical committee is composed of specialists appointed by government administration bodies, economic entities, employers' associations, consumer organisations, professional and scientific-technical organisations, higher education institutions, scientific organisations, and PKN employees. The composition must ensure the representativeness of all stakeholders in a given subject, considering the needs of the national economy.
Coverage Horizontal
POLAND
Since April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act of 10 May 2018 on the Protection of Personal Data (Ustawa z 10 Maja 2018 o Ochronie Danych Osobowych)
Act of 10 May 2018 on the Protection of Personal Data (Ustawa z 10 Maja 2018 o Ochronie Danych Osobowych)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Poland implemented the GDPR in 2018 through the Act of 10 May 2018 on the Protection of Personal Data.
Coverage Horizontal
POLAND
Since May 2006
In April 2014
Since July 2004
In April 2014
Since July 2004
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Telecommunications Act (Prawo Telekomunikacyjne)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Telecommunications Act (Prawo Telekomunikacyjne)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
Under Art. 180a-180c of the Telecommunications Act, telecommunications providers are obliged to store certain types of user data for 12 months, including user identity, date and time and the type of connection.
Under Art. 180a-180c of the Telecommunications Act, telecommunications providers are obliged to store certain types of user data for 12 months, including user identity, date and time and the type of connection.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20240127133912/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
- https://web.archive.org/web/20230327050943/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://web.archive.org/web/20221010070507/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
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POLAND
Since July 2004
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Telecommunications Act (Prawo Telekomunikacyjne)
Under Art. 180d-180e of the Telecommunications Act, telecommunications providers must grant access to stored data to "authorised entities" including police and secret services without a court order.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240127133912/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
- https://web.archive.org/web/20230328031726/https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20041711800/U/D20041800Lj.pdf
- https://web.archive.org/web/20241211222120/https://cars.wz.uw.edu.pl/images/publikacje/podreczniki/127/CARS_15_Telecommunications.pdf
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POLAND
Since July 2000
Since July 2002
Since July 2002
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Providing Services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną)
Act on Providing Services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Civil Code and the E-Services Act transpose Directive 2000/31/EC. Although there is no dedicated framework on intermediary liability in Poland, the relevant provisions of Polish tort law, notably Art. 422 of the Civil Code, are interpreted in a way that shields service providers from liability for user content and behaviour.
The Civil Code and the E-Services Act transpose Directive 2000/31/EC. Although there is no dedicated framework on intermediary liability in Poland, the relevant provisions of Polish tort law, notably Art. 422 of the Civil Code, are interpreted in a way that shields service providers from liability for user content and behaviour.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20241211222246/https://www.springerprofessional.de/secondary-liability-of-internet-service-providers-in-poland/12486010
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20220315185041/http://www.giodo.gov.pl/data/filemanager_en/51.pdf
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POLAND
Since July 2000
Since July 2002
Since July 2002
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Providing Services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną)
Act on Providing Services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Civil Code and the E-Services Act transpose Directive 2000/31/EC. Although there is no dedicated framework on intermediary liability in Poland, the relevant provisions of Polish tort law, notably Art. 422 of the Civil Code, are interpreted in a way that shields service providers from liability for user content and behaviour.
The Civil Code and the E-Services Act transpose Directive 2000/31/EC. Although there is no dedicated framework on intermediary liability in Poland, the relevant provisions of Polish tort law, notably Art. 422 of the Civil Code, are interpreted in a way that shields service providers from liability for user content and behaviour.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://www.springerprofessional.de/secondary-liability-of-internet-service-providers-in-poland/12486010
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20220315185041/http://www.giodo.gov.pl/data/filemanager_en/51.pdf
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POLAND
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
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.
Coverage Horizontal
POLAND
Since March 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
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.
Coverage Horizontal