AmCham Poland’s consultations on the Draft Bill on Artificial Intelligence Systems

The Ministry of Digital Affairs has sent a draft bill on artificial intelligence systems for public consultation. The bill aims to make the provisions of the EU Artificial Intelligence Act applicable within the Polish legal order. The most important element of the draft is the establishment of a new regulatory body, the Artificial Intelligence Development and Security Commission.

The AI Act, which came into force on 1 August 2024, is the first such comprehensive attempt to regulate the use of artificial intelligence systems. As an EU regulation, the AI Act applies uniformly and directly in the EU member states. Still, adopting relevant national legislation and appointing a competent supervisory authority is necessary for its application and enforcement. Poland is one of the first countries in the European Union to take steps to implement the AI Act, so Polish solutions in this area may be of particular importance due to their precedent-setting nature.

The bill provides for creating an Artificial Intelligence Development and Safety Commission to act as a national oversight authority. It is to function as a collegiate body, which will include, among others, representatives of the minister responsible for information technology, the President of the Office for Personal Data Protection (UODO), the President of the Office for Competition and Consumer Protection (UOKiK) and the President of the Office of Electronic Communications (UKE). The Commission is to be supported in its tasks by an office shaped analogously to the office of the Financial Supervisory Commission (KNF).

The tasks of the new authority will include, in particular:

1) supervision of the AI systems market, including acceptance of complaints and reports of serious incidents;

2) performing the tasks of a single point of contact;

3) cooperation with the President of the Office for Personal Data Protection (UODO) and other national authorities, as well as relevant authorities and institutions of the European Union and other Member States;

4) issuing opinions on draft legal acts related to the regulation of artificial intelligence.

The draft also regulates a number of specific issues, such as the procedure before the new authority, the appeal path, and the possibility for the Commission to impose administrative penalties, including administrative fines.

The Ministry has set a 30-day consultation period. Dariusz Standerski, Secretary of State, is responsible for the project.

If your company would like AmCham to develop a position on this issue, please send your opinions in Polish by November 6, 2024 to marta[email protected].