Poland has moved decisively to implement and extend the EU digital services regulatory system through new national measures that took effect in early 2026. Technology companies operating in the Polish market – whether established there or serving Polish users from abroad – now face a more demanding compliance environment. Companies that delay action risk enforcement proceedings, significant administrative penalties, and possible suspension of digital services directed at Polish users.
Poland's new digital services requirements impose transparency, algorithmic accountability, and content moderation obligations on a defined range of online platforms and intermediaries operating in or directed at the Polish market. Companies meeting the relevant user or revenue thresholds must complete their compliance assessments and implement required internal procedures by the deadlines set in the national implementing legislation. Failure to act before those deadlines exposes operators to administrative sanctions under Polish technology legislation.
This alert identifies which business categories are caught, the applicable thresholds, the compliance deadline, and the immediate steps that international companies should take now. For a broader view of ongoing AI Act compliance requirements applicable across Poland, see our analysis of AI and technology law services in Poland.
What changed – the regulatory development and effective date
Poland's national authorities enacted implementing measures that give direct domestic effect to the EU's digital services legislative regime and add supplementary national obligations. The measures entered into force on 1 February 2026. They apply on top of the directly applicable EU regulation, which had already imposed obligations on very large online platforms and search engines from an earlier date.
The new national layer introduces three principal changes. First, it designates the Prezes Urzędu Komunikacji Elektronicznej (President of the Office of Electronic Communications) and the Urząd Ochrony Konkurencji i Konsumentów (Office of Competition and Consumer Protection. UOKiK) as the competent national authorities for digital services enforcement. Second, it creates a domestic audit and reporting cycle for intermediary service providers that do not already fall within the very-large-platform tier. Third, it codifies software liability standards for algorithmic systems used in recommendation, content ranking, and automated decision-making directed at Polish users.
The legislative regime covers online intermediaries, hosting services, online platforms, and providers deploying automated systems that influence how users encounter digital services. Technology licensing arrangements through which foreign entities supply software or algorithmic tools to Polish operators are also brought within scope where those tools determine service delivery to end users.
Who is affected – threshold criteria and business categories
The obligations are tiered. The thresholds differ depending on the category of service and the operator's size.
Tier 1 – Very large online platforms and search engines: Operators already designated under the EU digital services legislative regime at EU level are subject to the full set of obligations immediately. No additional Polish designation is required. These operators must already have systemic risk assessment procedures in place. The new Polish measures add a mandatory reporting obligation to the designated national authority within 30 days of each annual risk assessment cycle.
Tier 2 – Medium and smaller online platforms: Platforms with more than 100,000 average monthly active recipients in Poland. However. Below the very-large threshold, must comply with transparency reporting, terms-of-service accessibility in the Polish language, and internal complaint-handling requirements. The compliance deadline for this tier is 1 May 2026.
Tier 3 – Hosting services and pure intermediaries: Operators providing hosting or conduit services directed at the Polish market – including cloud infrastructure providers. Content delivery networks. Additionally, software-as-a-service suppliers – must implement notice-and-action procedures and designate a legal representative in Poland if they have no EU establishment. The deadline for this tier is also 1 May 2026.
International companies providing digital services to Polish users without a Polish or EU legal entity are not exempt. The presence of Polish-language interfaces, payment options in Polish złoty (PLN), or targeted advertising directed at Polish residents each constitute indicators that a service is directed at the Polish market and therefore falls within scope.
To receive an expert assessment of your company's exposure under the new Polish digital services requirements, contact us at info@ferrazwhitmore.com.
What to do now – immediate actions and timeline
International technology companies should treat 1 May 2026 as an operational deadline, not a regulatory formality. The following actions are required in the near term.
1. Conduct a scoping assessment. Determine whether your services fall within Tier 1, 2, or 3. Examine whether Polish-language interfaces, local payment options, or geo-targeted advertising bring your platform within scope. Document the analysis. Polish enforcement authorities will treat an undocumented scoping exercise as equivalent to no exercise at all.
2. Audit algorithmic systems for accountability requirements. If your platform uses recommendation engines, content ranking systems. Alternatively. Automated decision-making tools directed at Polish users, you must produce a description of the system's parameters and the logic it applies. This is a core element of algorithmic accountability under the new rules. Systems that cannot be adequately described may need to be reconfigured before 1 May 2026.
3. Review and update terms of service. Polish-language terms of service must be accessible, comprehensible, and reflect the new content moderation and complaint-handling obligations. Terms drafted solely for another EU member state are unlikely to satisfy Polish requirements in full. Technology licensing agreements that include algorithmic tools supplied to Polish operators should also be reviewed for software liability allocation.
4. Designate a legal representative if required. Operators with no EU establishment must appoint a legal representative in Poland by 1 May 2026. Failure to do so is an independent breach, regardless of whether the underlying service obligations are met. Companies that have already appointed an EU representative under other legislative regimes should verify whether that appointment satisfies the Polish digital services requirement.
5. Prepare for the AI Act compliance interface. Where AI Act compliance obligations apply to the same algorithmic systems. which is frequently the case for recommendation and ranking tools. the Polish digital services audit should be coordinated with the AI Act compliance programme. The two regimes share documentation and risk assessment requirements. Running separate exercises creates duplication and increases the risk of inconsistency. Companies holding or acquiring technology under intellectual property arrangements in Poland should also confirm that their intellectual property position in Poland is consistent with the new software liability standards.
A parallel regulatory alert on comparable digital services developments in Portugal is available for companies managing multi-jurisdictional compliance programmes: see our alert on digital services regulation in Portugal.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising technology companies, institutional investors, and in-house legal teams across 46 jurisdictions on AI and technology law, digital services compliance, and intellectual property matters. As a law firm in Poland and across Europe, our team supports international businesses in assessing exposure under the EU and national digital services legislative regimes. Structuring AI Act compliance programmes. Additionally, managing algorithmic accountability and software liability questions across civil law systems. Our attorneys have advised on technology licensing, platform regulation, and cross-border digital services matters across both civil law and common law jurisdictions, with direct experience before EU and national regulatory authorities. Engaging a lawyer in Poland through Ferraz & Whitmore means working with practitioners who combine Polish and EU regulatory knowledge with an international commercial perspective. To discuss how the new Polish digital services requirements apply to your business, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.