TMT 2025

POLAND Law and Practice Contributed by: Xawery Konarski, Traple Konarski Podrecki & Partners

information from the user’s networked devices (Internet, Bluetooth, etc) requires the user’s con - sent. 4.2 Compliance and Governance The main challenge in IoT projects, especially in the realm of “consumer IoT,” is to ensure compli - ance with the requirements of the General Data Protection Regulation (GDPR). Additionally, it is crucial to adhere to the cyber - security principles outlined in Polish law that implement the NIS-1 and NIS-2 directives. 4.3 Data Sharing Poland lacks specific legislation regarding data sharing in relation to the Internet of Things (IoT), albeit this will change on 12 September 2025, when the Data Act comes into effect in Poland. This Act will include provisions aimed at strengthening the rights of IoT users, particularly in Article 3 and the subsequent articles. A law is currently being drafted in Poland to implement the Data Act, which, among other things, establishes a regulator responsible for compliance with these provisions. 5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures In general, television broadcasting in Poland requires a licence from the National Broadcast - ing Council (KRRiT). The fee for a television broadcasting licence depends on several fac - tors, some of which are outlined below. • The type of broadcasting – is it terrestrial, sat - ellite, cable or telecommunications network broadcasting?

• The range of broadcasting – is the pro - gramme local, regional or nationwide? • The technology of broadcasting – is it ana - logue or digital? The Broadcasting Act specifies the maximum amounts that licence fees may not exceed. The KRRiT sets the fee amount independently. An exception to the obligation to obtain a licence is the distribution of television programmes exclu - sively in ICT systems (eg, on a streaming plat - form). Although they do not require a licence, streaming platforms must be notified to the National Broadcasting Council (KRRiT) of the list of providers of video-sharing platforms. The Polish government has begun preparations for the enactment of a law implementing the pro - visions of European Union Regulation 2024/1083 Freedom Media Act (planned for 2025). 6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements Electronic Communication Law regulates ser - vices such as: • telephone services (voice calls, both landline and mobile); • internet access services (broadband, mobile internet); • data services (email, file transfer, etc); • value-added services (voice mail, telephone conferencing, SMS services); • services related to traffic in communications networks (billing, settlement, traffic manage - ment, etc); • services provided over telecommunications networks (internet television services, on- demand audio radio services); and

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