PolandUstawa o zmianie ustawy o świadczeniu usług drogą elektroniczną, Digital Services Act Implementation Act
Ustawa z dnia 4 września 2026 r. o zmianie ustawy o świadczeniu usług drogą elektroniczną oraz niektórych innych ustaw (Dz.U. 2026 poz. 1296)
A transparency and process rule binding public and private bodies.
- Obligation class
- Reporting
As of .
What it requires
- When the competent authority asks for it in a proceeding, give it all the information and documents it needs, within the deadline the request sets.
- Submit to an inspection by the competent authority: give the inspector the information needed, access to premises during working hours, and the documents, emails, data carriers and access to systems and databases the inspector asks for.
- Carry out a decision that finds a breach of the Regulation: stop the infringement, make any statement the decision orders, publish the decision at your own cost where it so orders and, where no other effective measure exists, take the warning and access-prevention measures it lists.
- Carry out commitments you have undertaken when the authority makes them binding by decision, by the deadline it sets, and report on how far you have carried them out.
- Comply with the obligations of Regulation (EU) 2022/2065 that the Act lists as subject to an administrative fine: for every provider of intermediary services, Articles 9(1) and (5), 11, 12, 13(1), (2) and (4), 14(1) to (4) and 15(1); for a hosting service, Articles 16(1), (2) and (4) to (6), 17(1), (3) and (4) and 18; for an online platform, Articles 20(1) and (3) to (6), 21(1) second subparagraph, 22(1) and (6), 23, 24(1) to (3) and (5), 25(1), 26, 27, 28(1) and (2), 30, 31 and 32; and for an online search engine, Article 24(3).
If you get it wrong
Private right of actionYes
Penalty structure
Article 22zzn(5): up to 6 percent of worldwide turnover in the financial year before the fine, for breach of the Regulation provisions listed in article 22zzn(1) to (4). Article 22zzn(6): up to 1 percent of annual income or worldwide turnover for failing to supply requested information, supplying incorrect, incomplete or misleading information, or not submitting to an inspection. Article 22zzn(7): periodic penalty payments of up to 5 percent of average daily turnover or income per day. Article 22zzo(4): where the provider had no turnover in the three preceding years the fine may not exceed the equivalent of 6,000 euro.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
President of the Office of Electronic Communications (Prezes UKE), the competent authority for matters not assigned to another; President of the Office of Competition and Consumer Protection (UOKiK) for online platform providers' duties in Section 4 of Chapter III of the Regulation and for other breaches that harm consumer interests; Chair of the National Broadcasting Council (KRRiT) for video-sharing platforms, except for the Section 4 matters.
What this law does
Article 1 inserts a chapter 3a into the Act on the Provision of Services by Electronic Means that makes the President of the Office of Electronic Communications (Prezes UKE) the digital services coordinator.
The competent authorities under Article 49(1) of Regulation (EU) 2022/2065 are the President of the Office of Competition and Consumer Protection (UOKiK) for online platform providers' duties in Section 4 of Chapter III and for other breaches that harm consumer interests, the Chair of the National Broadcasting Council (KRRiT) for video-sharing platforms except for the Section 4 matters, and the President of UKE for all other matters.
A recipient of the service, or another entity named in Article 53 of the Regulation, may lodge a written complaint in electronic form with the coordinator against a provider of intermediary services for an alleged breach of the Regulation. The competent authority may inspect the entity against which a proceeding on a breach of the Regulation has been opened. A decision finding a breach orders the provider to stop it.
Where no other effective measure exists, the decision orders the provider to take the measures the Act lists, which are placing a clear warning for recipients who enter its online interface and preventing access to the content that infringes the Regulation. Administrative fines for breach of the Regulation's provisions that the Act lists may not exceed 6 percent of the provider's worldwide turnover in the financial year before the fine is imposed.
A fine of up to 1 percent of annual income or worldwide turnover may be imposed on a provider or related person that does not supply information the authority requested, supplies incorrect, incomplete or misleading information, does not correct it, or does not submit to an inspection.
Periodic penalty payments of up to 5 percent of average daily turnover or income per day may be imposed for delay in carrying out a decision, delay in meeting a request for an action plan, or obstruction of an inspection. Where the provider achieved no turnover in the three financial years before the year of the fine, the fine may not exceed the equivalent of 6,000 euro.
The Act leaves a recipient's claim under Article 54 of the Regulation to the Civil Code, to the extent the Regulation does not regulate it. Claims of that kind go to the regional court (sąd okręgowy). The competent authority or a trusted flagger may bring such an action on the recipient's behalf with the recipient's consent.
Chapters 4a to 4c set the coordinator's procedures for certifying out-of-court dispute settlement bodies, awarding trusted flagger status and awarding vetted researcher status. Point 5 of Article 1 repeals chapter 3 of the 2002 Act. Chapter 3, headed exclusion of the service provider's liability for providing services by electronic means, holds articles 12 to 15 of that Act.
The Act also amends the Code of Civil Procedure, the Broadcasting Act, the Copyright Act, the Industrial Property Law, the Competition and Consumer Protection Act and the Electronic Communications Law.
When LexLint raises it
When your app profile says your app operates a social platform.