POLAND Trends and Developments Contributed by: Agata Szeliga, Sylwia Macura-Targosz and Aleksandra Krześniak-Sałajczyk, Sołtysiński Kawecki & Szlęzak
gence. The Commission will also be empowered to impose administrative penalties, including penalties for non-compliance with safety stand - ards, inadequate risk assessment, or improper reporting of AI-related incidents. The Draft Act also provides for the establishment of the Social Artificial Intelligence Board – a body whose task is to express opinions and positions on matters referred to it by the Commission and the possibility of filing complaints (to the Com - mission) for violations of the AI Act, especially on the issue of prohibited practices. EU Regulation 2023/2854 of the European Par - liament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) entered into force on 11 January 2024 and will become applicable from 12 September 2025. The Data Act primarily covers issues such as: • the mandatory sharing to users or third par - ties of non-personal data generated by prod - ucts connected to the Internet and related services; and • facilitating switching between cloud service providers.
In Poland, public pre-consultation on the desig - nation of authorities responsible for the applica - tion and enforcement of the Data Act has been completed. However, it is currently unclear what these authorities will be. This authority is most likely to be the current telecommunication and postal regulator ( Prezes Urzędu Komunikacji Elektronicznej ), provided that the monitoring of the application of the Data Act with respect to personal data will be performed by the current personal data regulator ( Prezes Urzędu Ochrony Danych Osobowych ).
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