This concerns an amendment to the Act on the provision of electronic services, which the President signed on September 25. The amendment aims to effectively implement the Digital Services Act - the DSA Regulation - which has been in force in the EU for two years.
Pursuant to the act that entered into force on Friday, the President of the Office of Electronic Communications (UKE) became the national coordinator responsible for supervision of the digital market in Poland. His tasks - as coordinator - include, among others: cooperation with the European Commission and the competent authorities of other Member States on matters related to the Digital Services Act.
The new regulations also enable the President of UKE to consider complaints from citizens and authorized institutions regarding online platforms covered by DSA. These are complaints about the so-called indirect service providers, including: social, shopping, video platforms, hosting companies, internet operators and cloud service providers. Any user who believes that the platform has violated specific DSA obligations may submit a complaint to the President of UKE.
As the office explains on its website, a complaint may concern, among others: situations where: the platform does not provide adequate justification for a decision regarding content or an account; does not fulfill obligations related to the transparency of advertising or recommendation systems.
"However, a complaint to the coordinator is not another appeal against the platform's decision. Its purpose is to report a possible violation of obligations under the DSA, and not to restore the account, publish the deleted entry or remove specific content," the office emphasized on its website.
Complaints can also be submitted against platforms whose main place of business is outside Poland. If the President of UKE decides that the matter falls within his competences, he will consider the complaint. However, if it decides that the case belongs to the digital services coordinator in another EU country, it will forward it to the competent authority.
According to the new regulations, supervision over the digital market in Poland is divided between three entities. The Chairman of the National Broadcasting Council (KRRiT) is responsible for implementing and enforcing DSA regulations towards platforms that share video materials. The President of the Office of Competition and Consumer Protection is responsible for violations of consumer interests, including: through trading platforms. The President of UKE is responsible for handling other matters.
This means that UKE, the National Broadcasting Council and the Office of Competition and Consumer Protection may conduct proceedings, inspections and impose fines on digital providers who violate the DSA regulations. In the most serious cases, sanctions can reach 6%. the company's worldwide turnover from the previous financial year.
Activities related to digital market supervision may be undertaken by UKE, the National Broadcasting Council and the Office of Competition and Consumer Protection, primarily towards companies whose main place of business is in Poland, as well as towards entities subject to Polish jurisdiction in accordance with the DSA.
The regulations also enable the appointment of the National Council for Digital Services by the President of UKE, which is to consist of 15-18 members. The council will include, among others: representatives of the President, the Sejm and Senate, the Ombudsman, the Ombudsman for Children, the President of the Personal Data Protection Office, the President of the Office of Competition and Consumer Protection and the Chairman of the National Broadcasting Council.
The amendment also regulates the principles and procedure for certification of extrajudicial dispute resolution bodies, granting the status of a "trusted whistleblower" and the status of a "verified researcher". The coordinator for digital services will have to agree on the granting of these statuses with the President of the Personal Data Protection Office and other state authorities. A negative opinion of the authority will make it impossible to obtain the status of a trusted whistleblower and the status of a verified researcher.
Under the amendment that entered into force on Friday, the President of UKE cannot issue orders to remove or block access to specific, illegal content on the Internet. The mechanism for such orders is described in another legal act. This concerns an amendment to the Act on the provision of electronic services, which was sent for signature by the President on October 23 this year. and waits for his decision.
The Digital Services Act, or DSA, is the world's first digital regulation to hold companies across the EU responsible for the content they post on their platforms. Its aim is to create a safer and more transparent online environment while protecting freedom of expression. It introduces greater transparency of content moderation rules, the obligation to justify decisions to remove content, and clear rules regarding the operation of algorithms and advertising. The entire act is in force in EU countries from February 17, 2024.
