Rules for complaints about online platforms take effect in Poland — RMF24
On November 6, an amendment to Poland’s Act on the Provision of Electronic Services entered into force, allowing the head of the Office of Electronic Communications (UKE) to consider users’ complaints about online platforms, conduct inspections and impose fines for violations of the EU Digital Services Act (DSA). This was reported by RMF24.
The Polish president signed the amendment to the law on September 25. It is intended to ensure the effective application of the DSA, a European Union regulation that has been fully in force in EU countries since February 17, 2024. The head of UKE became the national coordinator responsible for overseeing Poland’s digital market and will cooperate with the European Commission and relevant authorities in other EU states.
What complaints UKE will consider
Users and authorized institutions may file a complaint with UKE if they believe that a provider of intermediary services is failing to meet DSA requirements. This includes social networks, marketplace and video platforms, hosting companies, internet operators and cloud service providers.
Grounds for a complaint may include the lack of proper justification for a decision concerning content or an account, as well as failure to comply with requirements on the transparency of advertising or recommender systems. At the same time, UKE explained that such a complaint is not another procedure for appealing a platform’s decision: its purpose is to report a possible breach of DSA obligations, rather than directly secure the restoration of an account, publication of a removed post or removal of certain content.
More current news is available on the UA.News Telegram channel Telegram.
Division of powers and fines
Complaints may also be filed regarding platforms whose main place of establishment is outside Poland. If a case falls within the competence of the digital coordinator of another EU state, the head of UKE will transfer it to the relevant authority.
Oversight of DSA implementation in Poland has been divided among three bodies. The head of the National Broadcasting Council is responsible for compliance with rules concerning platforms that distribute video materials, while the head of the Office of Competition and Consumer Protection is responsible for violations of consumer interests, including on marketplace platforms. UKE will consider other cases. All three bodies may conduct proceedings and inspections, and in the most serious cases fines may reach 6% of a company’s worldwide turnover for the previous financial year.
At the same time, the new amendment does not grant the head of UKE the authority to order the removal of or blocking access to specific illegal content. The mechanism for such orders is described in another amendment to the law, which was sent to the Polish president for signature on October 23 and is awaiting his decision.
