Poland’s Telecom Regulation 2024: Implementing Essential EU Standards
Driver behind modernization of Telecommunications Law in Poland
The primary motivation for these legal reforms is the need to incorporate European Union regulations into Poland’s legal system. The EU directives aim to harmonize telecommunications rules across member states, promote innovation, increase competition among service providers, and drive investment in 5G and fiber-optic infrastructure.
This comprehensive update modernizes Poland’s legal framework for digital services, ensuring consumer protection, enhancing business innovation, and providing high-quality, secure electronic communications. These changes position Poland to meet the evolving demands of the digital age, benefiting its citizens with reliable and transparent services.
Effective Date of new Telecom Regulation
The majority of the provisions in the Electronic Communications Law (ECL) will become effective on November 10, 2024, which is three months after its publication on August 9, 2024. Some specific regulations, however, have staggered timelines, either taking immediate effect or being implemented within a 12-month period depending on their nature.
Key Provisions of the New Electronic Communications Law
1. Expanded Scope of the Telecom Regulation
One of the most significant changes under the Electronic Communications Law is the expansion of the types of services covered by the law. In addition to traditional telecommunications companies, the law now applies to providers of online communication services, such as email platforms, messaging apps, and tools for audio or video calls.
This broader scope will require additional categories of businesses to comply with the new regulations, significantly extending the law’s reach beyond conventional telecom providers.
2. Contract Termination Due to Service Provider’s Fault
Under the ECL, consumers will have the right to terminate contracts if there are significant, persistent, or frequent discrepancies between the promised service performance and actual delivery (this excludes internet access services). However, this option is available only after the consumer has exhausted the standard complaint procedure.
In cases where the contract is terminated for this reason, the service provider cannot claim compensation for early termination. Additionally, if a subscriber terminates the contract, the compensation owed to the service provider is limited to the remaining payments the subscriber would have made under the original contract term, ensuring fair treatment for both parties.
3. Mandatory Summary of Contract Terms
Before signing a contract, service providers are now required to present consumers with a concise summary of the key terms, based on a template provided by the legislature.
This summary must include:
- The service provider’s identification and contact information,
- Key features of the service being offered,
- Pricing and any associated fees,
- Contract duration, including terms of renewal and termination.
Consumers will confirm the contract only after receiving this summary, which becomes an integral part of the contract. This requirement also applies to micro-enterprises, small businesses, and NGOs, ensuring transparency across various sectors.
4. Universal Chargers for Mobile Devices
The new law introduces the legal basis for requiring universal chargers for mobile devices. This move aims to reduce electronic waste and lower costs for consumers by eliminating the need for multiple types of chargers, particularly expensive “non-standard” models from certain manufacturers. All electronic devices sold in Poland will now need to comply with this standard.
5. Advanced Mobile Location (AML) Technology
The ECL introduces provisions for Advanced Mobile Location (AML) technology. This system enables state emergency services to accurately determine the location of individuals calling emergency numbers, significantly improving the response time of rescue and law enforcement services.
6. Data Confidentiality and Processing Obligations
Telecommunications companies are required to ensure the confidentiality of communications, covering:
- User data,
- Content of individual communications,
- Transmission data,
- Location data,
- Data on connection attempts.
Processing or disclosing this data is strictly regulated, and may only occur under specific circumstances outlined in the law.
In addition to complying with GDPR, service providers must implement strict security measures for data processing, ensuring that:
- Only authorized personnel have access to personal data;
- Data is protected against accidental or unlawful destruction, loss, alteration, or unauthorized access;
- A data security policy is in place.
Providers must also notify Poland’s Office for Personal Data Protection (UODO) of any data breaches, and inform consumers if the breach may negatively impact their rights.
7. Data Retention and Criticism from UODO
The new law retains the provisions on data retention from the previous Telecommunications Law. Telecommunications companies are required to store data on phone calls for one year, including information on the user, call time, location, and type of connection. This data is intended to support law enforcement and other authorities under legal provisions.
However, this aspect of the law has drawn criticism from the UODO. Following EU court rulings, the authority believes that indiscriminate data collection conflicts with the EU Charter of Fundamental Rights. Specifically, it argues that this data retention violates the rights to privacy and communication, as well as data protection principles under GDPR.
Enforcement and Sanctions
The President of the Office of Electronic Communications is authorized to enforce the new regulations, with the power to conduct inspections, monitor frequencies, and investigate illegal emissions. Violations may result in fines of up to 3% of the company’s annual revenue from the previous year. Additionally, unsolicited marketing communications sent without the user’s consent will result in fines.
Impact on the Telecommunications Market
The Electronic Communications Law introduces significant consumer protections while promoting competition and innovation in Poland’s telecommunications sector. These changes will improve contract transparency and empower consumers to easily terminate contracts that fail to meet promised standards. Expanding the scope to include online communications further modernizes the law in line with technological advancements.
Service providers will need to adapt by revising existing contracts and business practices, ultimately enhancing the overall quality and competitiveness of Poland’s telecommunications industry.