Database

Browse Database

POLAND

Since November 2009

Pillar Cross-border data policies  |  Sub-pillar Local storage 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

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

POLAND

Since October 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)
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  |  Sub-pillar 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 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'PL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"67620"},{"post_id":"67621"},{"post_id":"67622"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'PL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'PL')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

POLAND

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.01%
Coverage rate of zero-tariffs on ICT goods (%)
79.8%
Coverage: Digital goods

POLAND

Since March 2004, last amended in February 2014
Since September 2019, entry into force in January 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

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.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

POLAND

Since April 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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  |  Sub-pillar 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 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.
Coverage Horizontal
Sources

POLAND

Reported in 2017, last reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Practice of the Polish Patent Office
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.
Coverage Software-based patents

POLAND

Since December 1990

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Poland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

Report issue     Report new measure