POLAND
Since March 2004, last amended in February 2014
Since September 2019, entry into force in January 2021
Since September 2019, entry into force in January 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act 2019 (Prawo Zamówień Publicznych)
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.
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
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://www.gov.pl/attachment/8887d698-b2c3-4334-b902-191209dbc6b4
- https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20190002019/U/D20192019Lj.pdf
- https://iclg.com/practice-areas/public-procurement-laws-and-regulations/poland
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POLAND
Since April 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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 |
Indicator 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 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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20240615225500/https://www.cliffordchance.com/content/dam/cliffordchance/briefings/2020/06/Poland-introduces-control-over-non-eu-non-OECD-investments-in-certain-sectors-X.p...
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20231128204324/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/poland
- https://web.archive.org/web/20240516085401/https://investmentpolicy.unctad.org/investment-policy-monitor/171/poland
- https://web.archive.org/web/20220209085735/https://trade.ec.europa.eu/doclib/press/index.cfm?id=2006
- https://web.archive.org/web/20231129153157/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
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NETHERLANDS
Since June 2014
Since March 2017, last amended in May 2022
Since March 2017, last amended in May 2022
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming)
Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming)
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
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
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 |
Indicator 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 |
Indicator UNCITRAL Model Law on Electronic Signatures
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 July 2000
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Civil Code (Burgerlijk Wetboek Boek 6)
Civil Code (Burgerlijk Wetboek Boek 6)
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 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.
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
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20240329085723/https://wetten.overheid.nl/BWBR0005289/2022-01-01/
- https://web.archive.org/web/20241212175615/https://uk.practicallaw.thomsonreuters.com/w-006-9683?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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NETHERLANDS
Since July 2000
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Civil Code (Burgerlijk Wetboek Boek 6)
Civil Code (Burgerlijk Wetboek Boek 6)
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 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.
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
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20240329085723/https://wetten.overheid.nl/BWBR0005289/2022-01-01/
- https://web.archive.org/web/20241212175615/https://uk.practicallaw.thomsonreuters.com/w-006-9683?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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NETHERLANDS
Since April 2019
Since December 2020
Since December 2020
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Copyright Directive Implementation Act (Implementatiewet richtlijn auteursrecht)
Copyright Directive Implementation Act (Implementatiewet richtlijn auteursrecht)
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, the Copyright Directive Implementation Act has received royal assent, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the Copyright Directive Implementation Act has received royal assent, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20220121081936/https://zoek.officielebekendmakingen.nl/stb-2020-558.html
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
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NETHERLANDS
Since March 2010, entry into force in May 2010, last amended in 2018
Since January 2009, as amended in October 2020 and in November 2023
Since January 2009, as amended in October 2020 and in November 2023
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)
Media Act (2008) (Mediawet (2008))
Media Act (2008) (Mediawet (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. 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 the Netherlands, the EU Directive was transposed into domestic law through an amendment to the Media Act in October 2020. According to Art. 2.115 of the Act, at least 30% of the on-demand audiovisual media content provided by each distribution channel must consist of European works, as defined in Art. 1 of the EU Directive. Additionally, Malta has not implemented financial contribution obligations for VOD service providers.
Subsequently, investment obligations for Dutch cultural audiovisual products were introduced through an October 2023 amendment to the Media Act. Under Art. 3.29e, media institutions offering on-demand commercial media services must invest 5% of their relevant annual turnover into Dutch cultural audiovisual productions. The relevant turnover includes revenue from advertising, subscriptions, user transactions, sponsorship, and product placement in the Netherlands. However, this obligation applies only if the institution’s annual turnover exceeds EUR 10 million. The Media Authority may grant exemptions if enforcing the obligation is impractical or unjustified, considering factors such as the nature of the service or innovative formats, with further exemption rules subject to ministerial approval.
In the Netherlands, the EU Directive was transposed into domestic law through an amendment to the Media Act in October 2020. According to Art. 2.115 of the Act, at least 30% of the on-demand audiovisual media content provided by each distribution channel must consist of European works, as defined in Art. 1 of the EU Directive. Additionally, Malta has not implemented financial contribution obligations for VOD service providers.
Subsequently, investment obligations for Dutch cultural audiovisual products were introduced through an October 2023 amendment to the Media Act. Under Art. 3.29e, media institutions offering on-demand commercial media services must invest 5% of their relevant annual turnover into Dutch cultural audiovisual productions. The relevant turnover includes revenue from advertising, subscriptions, user transactions, sponsorship, and product placement in the Netherlands. However, this obligation applies only if the institution’s annual turnover exceeds EUR 10 million. The Media Authority may grant exemptions if enforcing the obligation is impractical or unjustified, considering factors such as the nature of the service or innovative formats, with further exemption rules subject to ministerial approval.
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/20220331224154/https://www.create.ac.uk/cdsm-implementation-resource-page/
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- https://www.eerstekamer.nl/behandeling/20231108/publicatie_wet/document3/f=/vm7zci6178z3.pdf
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NETHERLANDS
N/A
Pillar Telecom infrastructure & competition |
Indicator 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
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an 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 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)
General Data Protection Regulation Implementation Act (2018) (Uitvoeringswet Algemene verordening gegevensbescherming)
General Data Protection Regulation Implementation Act (2018) (Uitvoeringswet Algemene verordening gegevensbescherming)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Netherlands implemented the GDPR in 2018 through the General Data Protection Regulation Implementation Act.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250128195041/https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- https://web.archive.org/web/20250128220408/https://zoek.officielebekendmakingen.nl/stb-2018-144.html
- https://web.archive.org/web/20250128220418/https://www.dataguidance.com/sites/default/files/dutch_general_general_data_protection_regulation_implemention_act.pdf
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NETHERLANDS
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright
Copyright is reportedly not adequately enforced online in the Netherlands, with high levels of online piracy and insufficient measures to combat it. The Dutch government has acknowledged the importance of protecting intellectual property rights (IPR), and law enforcement agencies collaborate with industry associations to identify and confiscate pirated software. Despite these efforts, online piracy remains a significant issue, highlighting the need for more robust enforcement mechanisms.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231029064354/https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
- https://web.archive.org/web/20231208152333/https://www.state.gov/reports/2023-investment-climate-statements/the-netherlands/
- https://web.archive.org/web/20231210032745/https://www.trade.gov/country-commercial-guides/netherlands-protecting-intellectual-property
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