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.

Poland maintains an identity verification requirement for SIM card registration, first introduced by the Act of 10 June 2016 on Anti-terrorism Measures (Dz.U. 2016 poz. 904). Under Art. 43 of that Act, which amended the Act of 16 July 2004 on Telecommunications Law, a new Art. 60b was inserted, requiring individuals purchasing prepaid SIM cards to provide identifying information to the telecommunications provider, typically a national identity card for Polish citizens or a passport for foreign nationals, in order to activate the service. Although the Telecommunications Law has since been repealed and replaced by the Electronic Communications Law (Prawo komunikacji elektronicznej, Dz.U. 2024 poz. 1221), the identity requirement remains in force under Art. 296 of the new law.

Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million, and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790 on Copyright in the Digital Single Market, the government adopted the Act of 26 July 2024 Amending the Act on Copyright and Related Rights, the Act on the Protection of Databases and the Act on Collective Management of Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.

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.

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.

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.

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.

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.

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.