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 harbor. 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 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 harbor. 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.

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 which 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 Arts. 180a-180c of the Telecommunications Act, 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.

Under the Act on Gambling Games, Art. 15.d, online gambling providers have to store data related to the gambling activities and transactions within the EU or the European Economic Area and provide permanent remote access to tax authorities.

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.

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

The government owns 52.1% of Telekomunikacja Kolejowa's shares and 100% of NASK's shares. Telekomunikacja Kolejowa, often abbreviated as TK, is the Polish national railway telecommunications company. In addition, "NASK" is the acronym for "Naukowa i Akademicka Sieć Komputerowa", which in English means "Scientific and Academic Computer Network". NASK is a Polish institution responsible for developing and maintaining network infrastructure for the country's scientific and academic community. NASK's main task is to provide advanced and secure network services to research institutions, universities and other science and education related organizations. These services include Internet connectivity, high-speed networks, cybersecurity, domain registration and web hosting services, among others.

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 practiced 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 has the obligation to 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.

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.

There are reports of high rates of online piracy for Poland, inconsistent enforcement efforts by the authorities and slow processing of claims by the judicial system. However, the rate of unlicensed software installation in the country was reportedly 46% in 2017 (below the 57% rate of Central and Eastern European countries), for an estimated commercial value of unlicensed software of USD 415 million.

Poland has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Poland has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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 correlate, such as specific algorithms.