POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
5.2 Liability for Third-Party Content As a rule, if the posted content does not originate from the advertiser, they are not liable for it. Nonetheless, potential liability may depend on different factual situ - ations and may arise in the following circumstances, for example: • if the content posted on the advertiser’s site or social media channels originates from or concerns the advertiser (at their order or on their initiative), even if only indirectly; • if the advertiser is not aware of the unlawful nature of the content and immediately prevents access to the content in the event of receiving official notifi - cation or gaining credible knowledge of the unlaw - ful nature of the content; or • if the posted content is protected under copy - rights and the advertiser – being the provider of online content services in the meaning of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market – has not obtained relevant consent from the entitled entity. Moreover, an entity that advertises its business by means of unfair advertising cannot exempt itself from liability for such an act of unfair competition by enter - ing into an advertising development contract with a company that professionally engages in such activi - ties. 5.3 Disclosure Requirements There are no specific rules that apply to online disclo - sures or those made specifically on social media; the general rules apply in this respect. 5.4 Requirements for Use of Social Media Platforms Apart from the general principles that apply, there are no unique rules or regulations governing the use of major social media platforms in Poland, nor are there any social media platforms that are specifically pro - hibited from use in Poland. The general principle is that children below 13 years of age should not have access to a social media platform without the consent of their legal guardians. Additional principles regard - ing their use may also be provided directly by such platforms in their regulations, given the obligations imposed on them by the Digital Services Act. This
may include rules regarding permissible content, the blocking or deletion of content, or the identification of users. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns In the context of the general ban on hidden advertis - ing, the advertising of goods or services on the inter - net by influencers has become increasingly important in recent years. The President of the OCCP has pub - lished guidelines on the labelling of advertising con - tent by influencers, especially on social media. 5.5.2 Advertiser Liability for Influencer Content Advertisers may be liable for the content posted by their influencers, as they are a party to the contract for the provision of advertising services and the adver - tising related to their product. There are no explicit influencer-related regulations that require advertisers to monitor the activities of influencers. However, such a duty for advertisers arises under general Polish civil law rules concerning contractual and tort liability, as well as certain civil procedure laws. 5.5.3 Consumer Reviews There are no special rules or regulations governing the solicitation or use of consumer reviews. Both such activities must be in line with the general rules prohib - iting the dissemination of false or misleading informa - tion, or involving product claims (under the UCL) and the prohibition of unfair market practices (under the UMPL). For example, the following activities would be held unfair in terms of the solicitation or use of consumer reviews: • buying opinions; • creating false opinions; or • using positive feedback on one product to apply to another product.
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