Telecom Law in Poland – does it apply to your business? 

Last updated: 22.09.2026

Operating in the telecommunications, IT or digital services sector in Poland requires navigating the Electronic Communications Law of 12 July 2024 (Polish: Prawo komunikacji elektronicznej, “PKE”).

The PKE entered into force on 10 November 2024 and replaced the former Polish Telecommunications Law. It also implements Directive (EU) 2018/1972 establishing the European Electronic Communications Code (EECC).

For companies entering Poland, the change is not limited to traditional telecommunications operators. The PKE extends regulatory obligations to a broader range of businesses providing services over electronic communications networks, including certain internet-based communications providers.

This means that a company considering the Polish market should first determine whether its services fall within the PKE, whether registration with the Polish regulator is required, and what operational, contractual, data protection and reporting obligations must be implemented before or after launch.

Electronic Communications Law in Poland at a glance

Does the PKE apply to my business in Poland?

One of the most important changes introduced by the PKE is the broader concept of an electronic communications undertaking.

The regulatory framework is no longer limited to conventional telecommunications operators. It can also apply to providers of publicly available number-independent interpersonal communications services, including:

• email services;
• internet messaging services;
• online meeting and communications applications.

Under the EECC framework, these are services that enable direct interpersonal and interactive exchange of information between a finite number of persons.

At the same time, not every online service with a communication function automatically falls within this category. Video-on-demand services, websites, blogs and applications in which the communications function is merely a minor and ancillary feature may fall outside this definition.

For a foreign technology company, this distinction matters. A business may not consider itself a telecommunications operator but can still be subject to PKE obligations because of the communications functionality of its service.

The first step before entering the Polish market should therefore be to classify the service and determine the company’s regulatory status under the PKE.

Telecommunications activity under the PKE – registration, reporting and regulatory supervision in Poland

The Polish electronic communications market is a regulated sector. Businesses need to consider both EU rules and Polish national requirements, while the President of UKE applies the PKE taking account of EU-level guidance and recommendations.

For companies falling within the telecommunications regime, compliance is therefore not simply a matter of updating terms and conditions. It may require registration, reporting, changes to consumer-facing processes and the implementation of technical and organisational measures.

Do you need to register as a telecommunications undertaking?

Conducting telecommunications activity generally requires entry in the public register of telecommunications undertakings, commonly referred to as the PT register, maintained by the President of UKE.

The application is submitted electronically through UKE’s electronic services platform.

The President of UKE should make the entry within three working days after receiving a complete application.

If UKE neither enters the undertaking in the register nor requests completion of missing information within that period, the undertaking may, subject to the statutory conditions, commence its activity by operation of law.

The application includes, among other things:

• company identification details;
• registered office and address;
• tax identification details or their foreign equivalent;
• contact details of the person responsible for communication with UKE;
• a description of the telecommunications activity;
• the geographical area of activity;
• the intended commencement date;
• the required declaration made by the authorised representative.

Once registered, the undertaking must also keep the information current. Changes to registered data or cessation of activity generally need to be reported to UKE within 14 days.

Where certain basic company information has already been updated in the Polish National Court Register (KRS) or the Central Register and Information on Economic Activity (CEIDG), UKE may update the PT register through those electronic systems.

Importantly, providers of publicly available number-independent interpersonal communications services are subject to parts of the PKE but are not subject to the PT registration requirement solely on that basis.

Annual reporting to UKE in Poland

Telecommunications undertakings must submit annual information to the President of UKE by 31 March for the preceding calendar year.

The reporting obligations include information concerning, among other things:

• revenue;
• the types and scope of services provided;
• telecommunications infrastructure relevant to systems supporting national defence and security requirements.

UKE may also request additional information outside the annual reporting cycle.

Electronic communications undertakings, including entities not required to register in the PT register, may be required to provide additional financial, operational or network-development information at UKE’s justified request. The deadline specified by UKE for providing such information may not be shorter than seven days.

Where information constitutes a trade secret, the undertaking may request confidential treatment of all or part of the information and provide justification for the restriction. However, UKE may lift the confidentiality restriction if the statutory conditions for trade-secret protection are not met.

What powers does UKE have during an inspection?

The President of UKE has extensive supervisory and inspection powers.

UKE officials may, among other things:

• enter the undertaking’s premises;
• inspect documents and data;
• require access to networks and telecommunications equipment for testing purposes;
• perform measurements and certain control activities remotely.

If irregularities are identified, UKE may issue post-inspection recommendations and set a deadline for remedying the infringement. Where the statutory conditions are met, the remediation period is at least 30 days.

Where an infringement creates a serious and immediate risk to national security or the operation of the network, the President of UKE may also issue an immediately enforceable decision requiring the undertaking to suspend the provision of electronic communications services.

Consumer contracts and end-user rights under the PKE

The PKE imposes detailed consumer protection requirements that apply before the contract is concluded and throughout the customer relationship.

What information must be provided before the contract is signed?

Before a consumer becomes bound by an agreement, the service provider must provide the required pre-contractual information free of charge and on a durable medium.

The information should be sufficiently clear and accessible and enable the consumer to retain and reproduce it in unchanged form.

The provider must also supply a concise contract summary based on the applicable EU template.

The summary includes, among other things:

• the provider’s identity and contact details;
• contact details for complaints;
• the main features of the service;
• prices, activation charges and recurring fees;
• information concerning services available to users with disabilities.

The contract summary forms an integral part of the contractual framework, and the required information must be provided to the consumer in accordance with the statutory rules before the consumer is bound.

Contract duration, renewal and termination rights

The PKE also regulates the form and duration of consumer contracts. Fixed-term contracts may generally be concluded for no longer than 24 months, while the provider must also make available an option with a maximum term of 12 months.

Where a fixed-term agreement automatically converts into an indefinite-term agreement, the subscriber acquires the right to terminate it in accordance with the PKE.

The provider must also inform the subscriber about the forthcoming extension and any changes to the conditions of service no later than 30 days before expiry of the fixed term, where required under the PKE.

The PKE also provides for:

• rights relating to unused prepaid balances;
• accessibility requirements for users with disabilities;
• consumer complaint procedures;
• restrictions on discrimination against end-users.

Providers should therefore review not only their standard terms and conditions, but also customer journeys, onboarding, renewal notices, billing and termination processes.

Accessibility and non-discrimination requirements in Poland

Users with disabilities must be provided with access to services equivalent to that available to other users. Where required, contractual information, summaries and other communications must be made available in an accessible form.

The PKE also contains protections against discrimination based on factors such as nationality, place of residence or place of establishment.

There is, however, an important limitation for microenterprises providing exclusively number-independent interpersonal communications services. Subject to the statutory conditions and appropriate disclosure to the user before the contract is concluded, some consumer requirements do not apply to those undertakings.

Complaints under the PKE – procedures and deadlines

Failure to comply with the PKE complaint procedure can have direct legal and financial consequences. The PKE and secondary legislation regulate both the way complaints are submitted and the deadlines for handling them.

What are the key complaint deadlines?

The main procedural requirements include:

• 12 months to submit a complaint from the statutory reference date;
• confirmation of receipt immediately in certain cases or within a maximum of 14 days where the complaint was submitted through specified remote channels;
• a request to supplement formal deficiencies, with the customer generally being given seven days to provide the missing information;
• 30 days to consider the complaint.

A complaint can generally be submitted using different channels, including in writing, orally for the record, by telephone or electronically, depending on the procedure made available by the provider.

If a complaint is rejected, the response should contain the required factual and legal grounds.

Where compensation is due following acceptance of a complaint, it must be paid or credited within the statutory deadline.

What happens if the provider misses a complaint deadline?

The 30-day response deadline is particularly important. If the provider fails to respond within the statutory period, the complaint is deemed justified and accepted by operation of law.

Failure to comply with procedural requirements can also weaken the operator’s position in a subsequent dispute and create regulatory exposure. Exhaustion of the operator’s complaint procedure is a prerequisite for pursuing further remedies before UKE or a court.

Providers should configure their CRM and customer-support systems to track statutory complaint deadlines automatically.

Data protection, electronic communications secrecy and data retention in Poland

Electronic communications providers operate with large volumes of information concerning users, traffic and network activity.

The PKE therefore contains rules concerning electronic communications secrecy, traffic data, location data, data retention and security measures, operating alongside the general data protection framework.

What does electronic communications secrecy cover?

Electronic communications secrecy is not limited to the content of calls or messages.

It also covers information such as:

• traffic data;
• location data;
• information concerning unsuccessful connection attempts.

Processing certain location data requires the user’s prior consent, while data that cannot lawfully continue to be processed may need to be anonymised in accordance with the PKE.

Providers should therefore map what categories of communications data their systems generate and identify the legal basis, retention period and security measures applicable to each category.

Data retention and law enforcement access

Under the PKE, telecommunications undertakings must cooperate with competent public authorities, including where law enforcement access is required under applicable law.

Under the PKE, telecommunications undertakings are required to retain specified connection and network activity data for 12 months. This obligation concerns traffic-related information rather than the content of communications.

This can generate material infrastructure costs, as the required retention and access systems must be built into the operating model. Data-retention and electronic storage architecture should be assessed before launch.

Data breach records and security measures

Providers must also maintain internal procedures for security incidents, including records of personal data breaches and the required notification processes.

The PKE requires appropriate technical and organisational security measures designed to protect data against risks such as:

• destruction;
• loss;
• unauthorised access;
• unauthorised disclosure.

Failure to maintain required records, comply with notification obligations or implement adequate security measures may result in regulatory sanctions.

Security compliance should cover incident response, access controls, internal escalation paths, evidence retention and responsibility for regulatory notifications.

Network security and obligations towards public authorities

PKE requirements concerning network security and access by public authorities can affect the technical architecture of the service. Companies should therefore identify these obligations before deploying infrastructure in Poland.

What access must providers enable for authorised authorities?

“Providers subject to these obligations must ensure that authorised authorities can exercise statutory access and recording powers. This can involve dedicated technical interfaces capable of enabling access to specified communications and location data in real time in the situations provided for by law.

The infrastructure required to meet these obligations is generally an operator-side responsibility and can therefore have a direct impact on network design, implementation costs and go-live readiness.

Micro and small undertakings may benefit from proportionality mechanisms under the PKE.

What obligations apply to emergency calls and user location?

Providers of mobile services may also be required to participate in the national emergency communications framework. The PKE requires mechanisms enabling accurate location of users calling emergency numbers and the transmission of the required location information to the competent authorities.

For mobile operators, this obligation should be addressed at the network-design and systems-integration stage rather than after commercial launch.

Business continuity in emergency situations

Providers also need to prepare for exceptional events such as emergencies, serious network incidents and cyberattacks.

The PKE may require undertakings to:

• prepare and update emergency action plans;
• maintain equipment reserves;
• cooperate with public authorities;
• prioritise restoration of services for specified public bodies;
• make equipment available for rescue operations where required.

In exceptional circumstances, UKE may also restrict the geographical area or scope in which commercial services are provided.

The PKE also requires operational readiness to block specified connections or communications within no more than six hours after receipt of the state decision. Meeting this obligation can require technical capabilities, operational staff and dedicated budget from the outset.

Digital marketing under the PKE – consent, cookies and unsolicited communications

The PKE also regulates the use of electronic communications channels for marketing.

Using automated calling systems or telecommunications terminal equipment for direct marketing purposes requires the appropriate prior consent of the subscriber or end-user. From a compliance perspective, pre-ticked boxes or implied consent are not sufficient where the law requires an affirmative consent mechanism.

The customer journey should therefore be structured so that consent is freely given, informed, specific and unambiguous for the marketing activity. The rules also affect cookies and similar tracking technologies.

Accessing information stored on the user’s device or placing information on the device generally requires:

• clear and understandable prior information about the purpose; and
• the required prior consent.

An exception applies where the activity is technically necessary to transmit a communication or provide a service expressly requested by the user.

Failure to comply with the marketing and cookies regime can expose the business to regulatory sanctions and, depending on the circumstances, other legal consequences.

Premium-rate services – registration, spending limits and customer protection in Poland

Companies offering services with an additional paid benefit need to comply with the PKE requirements for premium-rate services.

Examples include combining a standard telecommunications service with an additional paid element, for example premium SMS, paid calls, voting services, entertainment or other paid digital content. The user must be informed of the price before the charge begins.

The statutory expenditure thresholds are PLN 0, PLN 35, PLN 100 and PLN 200, with a default limit of PLN 35 per billing period.

Provision of a premium-rate service is also conditional on prior entry in the public register maintained by the President of UKE.

The service must be notified at least 14 days before launch. Failure to comply with the premium-service requirements may result in the provider losing the right to demand payment from the customer.

For businesses launching monetised communications services, registration and billing-control mechanisms should therefore be addressed before commercial release.

Direct billing – consent, authentication and spending limits

The PKE also regulates direct billing arrangements that allow customers to pay for external goods or digital services through their telecommunications bill or prepaid balance.

The service requires prior subscriber consent provided on a durable medium.

The spending thresholds are:

• PLN 0;
• PLN 35;
• PLN 70;
• PLN 100,

with a default limit of PLN 70.

The transaction must also be authorised using at least one authentication element.

Unlike the premium-rate service regime described above, non-compliance does not necessarily remove the provider’s right to payment, but it can expose the provider to administrative penalties imposed by the President of UKE.

Universal service – financial and regulatory obligations

Telecommunications undertakings subject to the universal service regime may face additional obligations connected with Poland’s universal service framework. These can include financial reporting and participation in the costs of ensuring access to specified basic telecommunications services.

Where statutory thresholds are exceeded, an undertaking may be required to participate in the financing mechanism.

The President of UKE may also impose regulatory obligations, including, in the circumstances provided by law:

• special pricing packages for low-income consumers;
• provision of services in commercially unattractive areas where no provider has voluntarily undertaken the obligation.

An undertaking designated to provide universal service may also face restrictions when disposing of all or a substantial part of its local access network. The undertaking must give UKE at least six months’ prior notice before such a transaction.

Where the statutory thresholds are met, contributions towards universal-service compensation may reach up to 1% of annual revenue above the threshold.

For operators that expect rapid growth in Poland, these costs should be considered as part of long-term financial planning.

Telecommunications infrastructure, spectrum and network access in Poland

Businesses investing in their own telecommunications infrastructure or radio spectrum face an additional layer of regulation. Access to key frequencies may be allocated through selection procedures, including auctions or tenders.

Frequency reservations may, depending on the case, be granted for 15 to 20 years, with annual fees payable for the right to use the allocated spectrum.

Efficient use is also important. If a reserved frequency is not used for six months for reasons attributable to the undertaking, UKE may withdraw the reservation.

Ownership of infrastructure does not necessarily mean exclusive use. Under the PKE, UKE may require co-location, network access or shared use of network elements and associated facilities, including for reasons related to public safety, health, environmental protection or spatial planning.

A company considering significant capital expenditure in network infrastructure should therefore review not only licensing requirements, but also possible access obligations and regulatory limitations affecting the commercial use of the asset.

Penalties under the PKE – where is the main regulatory risk?

PKE compliance failures can have consequences at both corporate and management level.

The risk is not limited to operating without the required registration. Sanctions may also arise from failures relating to reporting, consumer information, security, regulatory cooperation or other statutory duties.

Administrative fines imposed by UKE

The President of UKE may impose administrative fines for infringements of the PKE.

For specified infringements, the maximum penalty may reach 3% of the undertaking’s revenue generated in the preceding calendar year.

Refusing to provide the financial information required to calculate the fine does not prevent enforcement. In such cases, UKE may determine the penalty on an estimated basis, with PLN 500,000 as the minimum estimated amount in the scenario.

Serious or repeated non-compliance can also lead to restrictions on the undertaking’s ability to continue operating.

Data protection and security penalties

The President of the Personal Data Protection Office may separately supervise compliance with requirements concerning communications secrecy and data security.

Failure to maintain required breach records, comply with notification obligations or implement the required technical and organisational safeguards may result in a separate financial penalty.

For these infringements, sanctions may reach up to 3% of the undertaking’s revenue from the preceding calendar year.

Can management be personally liable?

Regulatory exposure extends beyond the company itself. A person managing a telecommunications undertaking may face an individual financial penalty of up to 300% of that person’s monthly remuneration.

In addition, serious or repeated non-compliance may lead to a temporary prohibition on conducting telecommunications activity.

Depending on the type of infringement, the following restrictions may apply:

• a prohibition of one to three years for serious or repeated failure to comply with post-inspection recommendations;
• a prohibition of up to five years in specified cases involving persistent breaches of subscriber-related obligations.

A prohibition on conducting telecommunications activity may also result in removal from the PT register.

For management boards of companies entering the sector, PKE compliance should therefore be treated as a governance issue rather than solely as an operational legal task.

PKE compliance checklist for companies entering Poland

Before launching or expanding electronic communications services in Poland, a business should in particular consider:

1. Regulatory classification – determine whether the company qualifies as a telecommunications undertaking or another electronic communications undertaking under the PKE.
2. PT registration and permits – obtain the required registration and any radio permits before commencing regulated activity.
3. UKE reporting – implement procedures for annual reporting, ad hoc requests and updates to registered information.
4. Consumer documentation – prepare compliant pre-contract information, contract summaries and B2C terms.
5. Complaint handling – configure internal systems to comply with the statutory 7-, 14-, 30-day and other statutory deadlines.
6. Marketing and cookies – review consent mechanisms for direct marketing and tracking technologies.
7. Premium services and direct billing – complete registrations, implement spending limits and ensure appropriate customer authorisation.
8. Data retention and security – establish retention, breach-recording and incident-response procedures.
9. Technical regulatory obligations – assess lawful-access, emergency communications and business-continuity requirements at infrastructure-design stage.
10. Management oversight – ensure that regulatory responsibilities are allocated internally and escalated to management where non-compliance could create corporate or individual liability.

How we support electronic communications businesses in Poland

Our team advises electronic communications undertakings, telecommunications operators, IT and e-commerce businesses and technology investors on regulatory requirements applicable to their activities in Poland.

We assist with regulatory classification, registration in the PT register, preparation and review of customer documentation, complaint procedures, data-retention and network-security requirements, as well as communications with the competent Polish regulators.

Before starting operations or launching a new service – including premium-rate services or direct billing – it is advisable to identify the PKE obligations that apply to the business model and incorporate them into the operating process before launch. This helps reduce the risk of registration failures, missed complaint deadlines, invalid marketing processes, security gaps and regulatory penalties.

If you need support in assessing whether the PKE applies to your business or preparing your operations for the Polish market, contact our team.

FAQ – Electronic Communications Law in Poland (PKE)