POLAND Law and Practice Contributed by: Xawery Konarski, Traple Konarski Podrecki & Partners
• services related to network security (such as firewalls and anti-virus systems). In some cases, a licence for providing telecom - munications services may be required. The spe - cific requirements depend on the type of service and scope of operation. Even if a concession is not required, other notifications to the relevant authority – the Office of Electronic Communica - tions (UKE) – may be necessary. Entities providing telecommunications services must ensure adequate technical conditions, such as: • technical infrastructure; • quality of services; • compliance with applicable standards; and • network and user data security. The Electronic Communications Law provides security requirements in addition to the GDPR. Providers of electronic communication servic - es are obliged to ensure an adequate level of security in the processing of their users’ per - sonal data. Pursuant to Article 401 of Electronic Communications Law, providers must imple - ment appropriate technical and organisational measures to ensure the security of such data. 6.2 Net Neutrality Regulations The Electronic Communications Law guarantees the principle of net neutrality. According to it, the following principles apply: • equal traffic treatment – ISPs must treat all internet traffic equally, without discriminating against certain types of data or services; • prohibition of blocking – providers may not block access to lawful content and services;
• prohibition of bandwidth limitation – providers must not limit data speeds for certain ser - vices or content; and • transparency – providers must inform users of any limitations and conditions of service. 6.3 Emerging Technologies The provision of IoT and AI solutions is not regu - lated under the Electronic Communications Law. When integrating with telecommunications ser - vices, the most significant attention should be paid to network and service security and user privacy regulations. 7. Challenges with Technology Agreements 7.1 Legal Framework Challenges The biggest challenge for technology contracts in Poland is the need to comply with a number of guidelines issued for specific sectors, par - ticularly the public, financial, life science, and energy sectors. Examples are the guidelines for implementing public and hybrid cloud comput - ing projects in these sectors. For certain sectors, certain legal restrictions have also been introduced regarding so-called chain outsourcing, including foreign outsourc - ing (banking and insurance sectors). The same applies to the prohibition to exclude the out - sourcer’s liability for damages caused to the bank’s clients. The banking law also introduced a provision according to which the Financial Supervision Authority may, in certain cases, require the amendment or termination of an out - sourcing contract (Article 6(c)(5)).
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