POLAND Trends and Developments Contributed by: Agata Szeliga, Sylwia Macura-Targosz and Aleksandra Krześniak-Sałajczyk, Sołtysiński Kawecki & Szlęzak
by the bill’s provisions has been significantly expanded. The essential sectors have been supplemented with, among others, collective sewage disposal, management of ICT services, outer space or public administrations (including units of the public finance sector, research insti - tutes, or bodies such as the National Bank of Poland or the National Health Fund). In addition, an essential entity is also an electronic commu - nications entrepreneur, which is at least: • a medium-sized business; • a cyber security managed services provider, which is at least a medium-sized business; or • a domain name registration service provider. • In turn, the catalogue of important sectors has been expanded to include, among others: • postal services; • nuclear power investments; • waste management; • the chemicals sector (production, manufac - turing, distribution); • the food sector (production, processing and distribution); • the production of other goods and equipment (medical products, computers, electronic devices, optical devices, machinery, motor vehicles, transportation equipment); and • scientific research. The catalogue of digital service providers (impor - tant entities) has changed slightly. According to the draft, such entities will be e-commerce, search engines, and social service network platform providers. In addition, an electronic communications entrepreneur who is a micro or small business is also an important entity. An important change is the introduction of the principle of self-identification for essential and important entities. Previously, the authority responsible for cybersecurity issued decisions
to recognise an entity as a key service operator. According to the new draft, essential and impor - tant entities will now be required to self-register on a list maintained by the minister responsible for informatisation. These entities must submit an application for inclusion on the list within three months of meeting the criteria for recogni - tion as either an essential or important entity. Changes are also planned to the personal liabil - ity of managers of essential and important enti - ties. Under current regulations, a penalty of no more than 200% of the manager’s monthly sal - ary may be imposed on the manager of a key service operator for failing to exercise due dili - gence in fulfilling certain obligations. The draft expands the possibility of imposing an admin - istrative penalty on managers of essential and important entities and increases the maximum penalty by up to 600% of salary. If the manager of an essential or important entity is a multi- member body and no responsible person has been appointed, all members of the body are liable. The entity’s manager may be, in particular, a member of the board of directors, a partner in charge of the company’s affairs, or an individual conducting a business activity. According to the draft, the law will enter into force within a month of its announcement. At the moment, it is difficult to accurately predict when the new legislation will be adopted by parliament. e-Delivery Another legislative change is the implementation of the e-Delivery (electronic delivery) service, which is the electronic equivalent of a registered letter with confirmation of receipt. The service is intended to help citizens and entrepreneurs communicate with the public administration. e-Delivery was introduced under the Act of 18 November 2020 on electronic delivery. Electron - ic delivery service is to be provided either by
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