POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
stituting harmful manipulative AI-enabled practices. As with other entrepreneurs operating in Poland and within the EU, advertisers are still facing some uncer - tainty regarding both IP ownership (or lack thereof) with respect to materials (output) generated by or with the use of AI algorithms, and the possible infringement of third-party rights (eg, copyrights) as a result of the use of AI-generated content based on content/input being protected by third-party rights such as copy - While there are no specific regulations or rules related to making claims that a product is developed through the use of AI, is powered by AI or has AI-related capa - bilities, an advertiser would still need to observe the general prerequisites and conditions imposed on advertisements or any other information targeted at customers, as set out in the UCL and the UMPL, such as the prohibition of misleading or hidden advertise - ment and the non-infringement of any third-party rights, including IP rights. 8.3 Chatbots Currently, there are no special rules or guidelines relat - ed to the use of chatbots. rights, design rights, etc. 8.2 AI-Related Claims 9. Web 3.0 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) In Poland, there are no specific rules or regulations governing the advertising, marketing, or sale of cryp - tocurrency and NFTs. Notwithstanding, the European Union’s newly adopt - ed Regulation (EU) 2023/1114 of 31 May 2023 on Markets in Crypto-Assets (the “MiCA Regulation”) will take effect on 30 December 2024, addressing advertising activities related to crypto-assets. In its preamble, it states that information in the crypto-asset white paper, along with relevant marketing commu - nications (such as advertising messages and pro - motional materials), must be fair, clear, and not mis - leading. This includes communications through new channels, such as social media platforms. The MiCA Regulation further imposes specific requirements on,
among others, marketing communications relating to an offer to the public of a crypto-asset (Article 7), an asset-referenced token (Article 29) or a e-money token (Article 53). Irrespectively, an advertiser would still need to observe the general prerequisites and conditions imposed on advertisements or any other information targeted at customers, as set out in the UCL and the UMPL, such as the prohibition of misleading or hidden advertise - ments and the non-infringement of any third-party rights, including IP rights. 9.2 Metaverse No specific laws or regulations concerning advertising in the metaverse have been established in Poland. Advertising and marketing authorities in Poland should address this type of business activity in light of the general prerequisites and conditions imposed on advertisements or any other information targeted at customers, as set out in the UCL and the UMPL, such as the prohibition of misleading or hidden adver - tisements and the non-infringement of any third-party rights, including IP rights. There is a broad list of products and services in the Polish legal order for which advertising or promotion is subject to specific EU or national regulations, includ - ing the general prohibition of advertising. The legal framework for advertising in relation to selected types of goods and services is as follows. Tobacco Products It is prohibited to advertise tobacco products, elec - tronic cigarettes, spare containers or tobacco props or to promote tobacco products, electronic cigarettes, spare containers or tobacco props, and also to adver - tise or promote products imitating these products or symbols associated with the use of tobacco, tobacco products, electronic cigarettes or spare containers. The law of 9 November 1995 on health protection against the effects of tobacco and tobacco products sets out detailed examples of media in which such advertising is prohibited. 10. Product Compliance 10.1 Regulated Products
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