TMT 2025

POLAND Trends and Developments Contributed by: Agata Szeliga, Sylwia Macura-Targosz and Aleksandra Krześniak-Sałajczyk, Sołtysiński Kawecki & Szlęzak

ers, or marketplace) have already had to adapt their T&C to the new regulations and inform end users of the amendments. It seems that the key change in this area has been the implementation of mechanisms for reporting and verifying illegal content posted by users. 2025: Trends and Developments Certainly, an important legislative change in 2025 will be the adoption of the law implementing the DSA – that is, an amendment to the Act of 18 July 2002 on the provision of electronic services and certain other laws. The law is currently at the legislative stage (the last bill dates back to December 2024), and its adoption is planned for Q1 2025. This bill aims to ensure the effective application of the DSA. According to the draft, the Digital Services Coordinator in Poland will be the President of the OEC. His tasks will include cooperation with national coordinators of other member states, the European Board for Digital Services and the European Commission. Com - petent authorities overseeing the implementation of DSA regulations in Poland will be the Presi - dent of the OEC and the President of the Office of Competition and Consumer Protection (Presi - dent of the OCCP) – each within their respective jurisdiction. In addition, a new consultative and advisory body, the National Council for Digital Services, is planned to be established under the President of the OEC. The purpose of the Coun - cil’s functioning is to advise on matters related to ensuring the safe, predictable and trustworthy operation of the digital services market. The bill also regulates the procedures involved in applying for injunctions against illegal content for providers of intermediary services. These procedures are to apply to four types of illegal content: • (i) those that violate personal rights;

• (ii) those that constitute a prohibited act; • (iii) those that violate intellectual property rights; and • (iv) those that violate consumer protection rights. Decisions in the cases referred to in points (i) – (iii) will be issued by the President of the OEC and not by a court, as was the case in an earlier version of the bill. The President of the OCCP will issue decisions in the cases referred to in point (iv). In particular – respectively – the President of the OEC or the President of the OCCP may order that access to the illegal content be prevented, which, in practice, will most likely be its removal. The entity that posted the illegal content, which is the subject of the injunction, is entitled to file a complaint with the court. Both the President of the OEC and the President of the OCCP will be authorised to impose administrative fines in the situations indicated in the bill. The maximum amount of fines is specified in the DSA. The President of the OEC, as national Digital Services Coordinator, is also to certify out-of- court dispute resolution bodies or grant the status of trusted flaggers (whistleblowers) and vetted researchers. According to the draft, the law is to come into force within 30 days of its publication. Most likely, parliament will approve the law in Q1 2025. The second, long-awaited legislation will be an amendment to the Act of 5 July 2018 on the National Cybersecurity System, implementing the NIS-2 Directive (Directive 2022/2555). The draft introduces a new division of entities gov - erned by the Act’s provision. Instead of the exist - ing key service operators and digital providers, the legislator introduces a division into essential and important entities. Compared to the current law, the catalogue of economic sectors covered

372 CHAMBERS.COM