New Electronic Communication Law

The long-awaited implementation into the Polish legal system of the European Electronic Communications Code (Directive (EU) 2018/1972 of 11 December 2018) was not completed in 2023. Due to numerous controversies and reported amendments, bills implementing the EU Directive were withdrawn from the Polish Parliament.

The implementation of the European Electronic Communications Code is currently under development again. The Ministry of Digital Affairs has initiated public consultations on two draft laws aimed at implementing the Directive into the Polish legal system:

• the Electronic Communications Law, replacing the Telecommunications Law of July 16, 2004,
• a separate act containing implementing provisions, which encompasses several dozen changes to other laws.

The draft acts regulate the functioning of the electronic communications market in Poland and cover issues including:

• general matters such as registration in the register of telecommunications entrepreneurs and the register of local government units, informational obligations of entities operating in the electronic communications market, obligations of entrepreneurs related to network and service security, obligations for defense and national security, and fees related to operating in the electronic communications market,
• management of frequencies and numbering resources,
• ensuring access to telecommunications networks,
• regulation of the electronic communications market, including the procedure for analyzing relevant markets, imposing regulatory obligations, obligations in wholesale markets, restrictions in retail markets, detailed investment conditions, and regulatory accounting and cost calculation,
• end-user rights,
• the operation of universal service, including the procedure for appointing a designated operator,
• the functioning of authorities competent in matters of telecommunications and electronic communications.

AmCham has prepared its position paper during public consultations and submitted it to the Ministry of Digital Affairs, primarily highlighting the issue related to the introduced obligation of data retention within the territory of Poland, advocating for extending the limitation to the European Economic Area. The main issues supporting this solution include non-compliance with EU law, lack of organizational feasibility, and challenges regarding data security.

You can find the link to the draft act here, and the AmCham position paper here.