Poland is implementing the DSA. What changes will the newly signed Act bring?

On 25 September 2026, President Karol Nawrocki signed an amendment to the Act on the Provision of Electronic Services. This is the first of two pieces of legislation designed to ensure the full implementation in Poland of the EU’s Digital Services Act (DSA). The most significant changes include the establishment of a national coordinator for digital services, the definition of rules for the supervision of internet service providers, and the introduction of mechanisms for the certification of entities as provided for by the EU regulation.

The DSA comes into force in 2024.

The Digital Services Act is one of the key EU legislative acts regulating the operation of online platforms, social media sites, search engines and other intermediary services. The Regulation has been directly applicable in all Member States since 17 February 2024 and sets out, amongst other things, obligations regarding content moderation, transparency of platform operations, the handling of user reports and cooperation with public authorities.

In addition to the direct applicability of the Regulation, Member States are required to designate authorities responsible for enforcing its provisions. The institution of the national digital services coordinator, provided for in Article 49 of the DSA, plays a key role in this regard.

Delayed implementation in Poland

For a long time, Poland failed to adopt national legislation designating the competent authorities and procedures for implementing the Act. As a result of Poland’s failure to fulfil its obligation to designate a coordinator, the European Commission brought an action against Poland before the CJEU.

In May 2025, the Council of Ministers adopted a temporary solution, entrusting the role of coordinator to the President of the Office of Electronic Communications; however, the scope of powers granted by the resolution was limited and of a transitional nature.

UKE President to be the national coordinator for digital services

The signed amendment provides this arrangement with a permanent statutory basis. The President of the Office of Electronic Communications will therefore act as the coordinator for digital services. This body will be responsible for carrying out tasks arising from the DSA at national level and for coordinating the activities of other authorities participating in the supervisory system.

The coordinator’s remit will include, amongst other things, receiving and examining user complaints concerning the activities of online platforms, conducting proceedings in cases of breaches of obligations under the DSA, and cooperating with authorities in other Member States and EU institutions. The Act also equips the competent authorities with instruments to enforce these obligations, including powers of inspection, the ability to issue decisions ordering the removal of infringements, and the power to impose administrative fines. In the event of a breach of the obligations under the DSA, the maximum fine may amount to 6 per cent of the intermediary service provider’s annual global turnover achieved in the previous financial year.

Division of responsibilities between authorities

The new regulations provide for the division of tasks amongst several administrative authorities.

The President of UKE will be the competent authority in most matters relating to the application of the DSA and, at the same time, the coordinator of the entire system. The President of the Office of Competition and Consumer Protection will be granted powers relating to the protection of consumer interests in the digital environment, whilst the Chair of the National Broadcasting Council will carry out tasks relating to video-sharing platforms.

A National Council for Digital Services will also be established within UKE, comprising representatives of the most important state bodies, including the President of the Republic of Poland, the Sejm, the Senate, the Ombudsman, the Ombudsman for Children, the Office for Personal Data Protection (UODO), the Office of Competition and Consumer Protection (UOKiK) and the National Broadcasting Council (KRRiT).

Certification and alternative dispute resolution

The Act also introduces measures required by the DSA which have not previously existed in the Polish legal system. These primarily concern the rules for certifying bodies responsible for the out-of-court settlement of disputes between users and online platforms.

The provisions also regulate the procedure for granting the status of a trusted reporting entity. Entities holding this status will be able to use a fast-track procedure for reporting illegal online content. The Act further sets out the rules for granting the status of a verified researcher, which allows access to specific platform data for the purpose of conducting research into systemic risk.

Practical implications

The Act does not, in essence, impose any new substantive legal obligations on intermediary service providers, as these obligations arise directly from the DSA and have been in force since 17 February 2024. Its primary aim is to establish mechanisms in Poland for the supervision and enforcement of these obligations and to equip the competent authorities with powers of supervision, remedial action and sanctions.

In practice, therefore, we can expect to see increased activity on the part of national authorities in monitoring compliance with the DSA, conducting proceedings concerning infringements, applying remedial measures and financial penalties, as well as cooperating with coordinators from other Member States and the European Commission.

The implementation of the DSA is not yet complete

The signed Act constitutes only part of the national regulations relating to the DSA. A second draft Act implementing the Regulation, concerning the mechanisms for issuing orders to take action against illegal content and the enforcement of such orders by intermediary service providers, remains under consideration in Parliament.

It was precisely these proposed procedures for issuing orders relating to illegal content that were the most controversial element of earlier legislative work. For this reason, the government decided to split the implementation of the DSA into two separate draft acts. The first focuses on the institutional framework for supervision and enforcement, whilst the second is intended to set out the grounds and procedure for issuing orders to take action against specific illegal content, the obligations of service providers regarding the implementation of such orders, and procedural safeguards for the parties concerned.

Sources:

• https://www.prezydent.pl/storage/file/core_files/2026/9/24/5ce39999fcaf06c5c56ba3c0f2649c37/Inf.%20pras.%20ws.%20nowelizacji%20ustawy%20o%20%C5%9Bwiadczeniu%20us%C5%82ug%20drog%C4%85%20elektroniczn%C4%85.pdf
• https://www.uke.gov.pl/akt/prezes-uke-koordynatorem-ds-uslug-cyfrowych,581.html
• https://www.prawo.pl/biznes/pierwsza-ustawa-wdrazajaca-dsa-kompetencje-prezesa-uke,1552189.html