Database

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POLAND

Since December 1990

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

POLAND

Since March 2019
Since July 2015, last amended in December 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments

Act on the Control of Certain Investments
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Under the Act on the Control of Certain Investments, investors from outside the EU, European Economic Area or OECD have to notify the Polish Competition Authority of investments in specific sectors, including "critical infrastructure" and certain types of software, used in areas such as energy supply, cloud computing, hospitals and medicine, voice transmission and financial services.
Coverage Horizontal

POLAND

Since March 2004, last amended in February 2014
Since November 2015, last amended 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 (Dziennik Ustaw; Number: 2015/2164)
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 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

NETHERLANDS

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The Netherlands has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

NETHERLANDS

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The Netherlands 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

NETHERLANDS

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Netherlands 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

NETHERLANDS

Since June 2014
Since Since March 2017, last amended in May 2022

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Enforcement Act
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Enforcement Act.
Coverage Horizontal

NETHERLANDS

Since March 2010, entry into force in May 2010, last amended in 2018
Since 2020

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Media Act (2008)
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
Art. 2.115 of the Media Act, referring to the EU directive on Audiovisual Media Services, states that at least fifty percent of the programme offer on each television programme channel of the national and regional public media service consists of European works as referred to in Article 1 of the European Directive. Additionally, the on-demand audiovisual media offer per channel consists of at least thirty percent of European productions as referred to in article 1 of the European Directive. These European productions shall be brought to the attention of the public by the provider of the distribution channel.
Coverage On-demand audiovisual service

NETHERLANDS

Since July 2000
Since 2004

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Civil Code
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 Netherlands has transposed Directive 2000/31/EC. Safe harbour exceptions are set out in Article 196c, Book 6 of the Civil Code. According to this article, the party who provides information services is not liable for the automated, intermediate and temporary storage of the information if the party promptly takes the necessary measures to remove or disable access to the information, as soon as 1) the party knows that the information has been removed from the place where it was originally in the communication network or access to it has been disabled, 2) or that a competent authority has ordered the removal of the information from the place where it was originally in the communication network or has prohibited access to it.
Coverage Horizontal

NETHERLANDS

Since 2005

Pillar Intermediary liability  |  Sub-pillar User identity requirement
User Identity Requirement
Telecom providers need to identify their customers (name, address, and date of birth) when they want to purchase a telephone and/or internet subscription. The providers also ask for a copy of a customer's ID, but customers can hide their social security number and photo.
Coverage Telecommunications sector

NETHERLANDS

Since July 2000
Since 2004

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Civil Code
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 Netherlands has transposed Directive 2000/31/EC. Safe harbour exceptions are set out in Article 196c, Book 6 of the Civil Code. According to this article, the party who provides information services is not liable for the automated, intermediate and temporary storage of the information if the party promptly takes the necessary measures to remove or disable access to the information, as soon as 1) the party knows that the information has been removed from the place where it was originally in the communication network or access to it has been disabled, 2) or that a competent authority has ordered the removal of the information from the place where it was originally in the communication network or has prohibited access to it.
Coverage Horizontal

NETHERLANDS

Since April 2013

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Netherlands Authority for Consumers and Markets (ACM), 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

NETHERLANDS

Since April 1995

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Public Records Act
Certain public records have to be stored in archives in specific locations in the Netherlands. This applies both to paper and electronic records. The government organisations regularly make a “selection list” which categorises the type of information that should be kept and for how long. Examples include reports on which ministries base their policies, building permits, and documentation of special events or disasters. After 20 years, the government organisations transfer such documents to the National Archives or to a local or regional archive service located in The Netherlands.
Coverage Public sector

NETHERLANDS

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
The Netherlands does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

NETHERLANDS

Since June 2016
Since October 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)

Law on the protection of trade secrets (Wet bescherming bedrijfsgeheimen)
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. The Netherlands transposed the Directive through the Law on the protection of trade secrets in 2018.
Coverage Horizontal