CZECH REPUBLIC
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)
0.57%
Coverage rate of zero-tariffs on ICT goods (%)
77.57%
Coverage: ICT goods
POLAND
Since June 2014
Since May 2014
Since May 2014
Pillar Online sales and transactions |
Indicator 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 |
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
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 |
Indicator 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 |
Indicator 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
Since September 2002
Pillar Technical standards applied to ICT goods and online services |
Indicator 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 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 |
Indicator 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
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 April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Indicator 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 November 2024
In April 2014
Since November 2024
Pillar Domestic data policies |
Indicator 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
Electronic Communications Law (Ustawa z dnia 12 lipca 2024 r. Prawo komunikacji elektronicznej)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Law (Ustawa z dnia 12 lipca 2024 r. Prawo komunikacji elektronicznej)
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. 47 of the Electronic Communications Law, 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. 47 of the Electronic Communications Law, 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/20250723132440/https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/prawo-komunikacji-elektronicznej-22035493
- 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 November 2024
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Electronic Communications Law (Ustawa z dnia 12 lipca 2024 r. Prawo komunikacji elektronicznej)
Under Art. 43 of the Electronic Communications Law, telecommunications providers must grant access to stored data to "authorised entities" including police and secret services without a court order.
Coverage Telecommunications sector
POLAND
Since July 2000
Since July 2002, as amended in November 2024
Since July 2002, as amended in November 2024
Pillar Intermediary liability |
Indicator 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 Act on Providing Services by Electronic Means transpose Directive 2000/31/EC. Chapter 3 of the Act, as amended in November 2024, sets out liability exemptions for intermediary service providers. Under Arts. 12–14, providers acting as “mere conduits” for data transmission are not liable for the content they carry if they do not initiate the transmission, choose the recipient, or alter the information. Similar exemptions apply to those performing temporary caching to improve efficiency, as long as they do not modify the data and remove or block access once they become aware of its removal by the source or receive an official order. Hosting providers are also exempt from liability when unaware of unlawful content and must act swiftly to remove it once notified, while informing the user if removal is based on “reliable knowledge.”
In addition, 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 Act on Providing Services by Electronic Means transpose Directive 2000/31/EC. Chapter 3 of the Act, as amended in November 2024, sets out liability exemptions for intermediary service providers. Under Arts. 12–14, providers acting as “mere conduits” for data transmission are not liable for the content they carry if they do not initiate the transmission, choose the recipient, or alter the information. Similar exemptions apply to those performing temporary caching to improve efficiency, as long as they do not modify the data and remove or block access once they become aware of its removal by the source or receive an official order. Hosting providers are also exempt from liability when unaware of unlawful content and must act swiftly to remove it once notified, while informing the user if removal is based on “reliable knowledge.”
In addition, 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/20250126124347/https://lexlege.pl/ustawa-o-swiadczeniu-uslug-droga-elektroniczna/rozdzial-3-wylaczenie-odpowiedzialnosci-uslugodawcy-z-tytulu-swiadczenia-uslug-droga-elektr...
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