Digital Services Act in Poland: Duties for Platforms and Marketplaces

The Digital Services Act, Regulation (EU) 2022/2065, is an EU regulation establishing due diligence duties for providers of intermediary services, including hosting providers, online platforms and online marketplaces. It applies directly in Poland and affects businesses that offer services to users in the EU, even where the provider is established outside the EU. The DSA has applied in full since 17 February 2024, subject to additional obligations for designated very large online platforms and very large online search engines. [1]

For international businesses, DSA compliance is not limited to content moderation. It also concerns contractual documentation, user communication, trader verification, advertising transparency, complaint systems and reporting. Failures may create regulatory exposure, consumer-law risks, operational disruption and reputational damage.

 

Who must meet DSA obligations in Poland?

The DSA applies to intermediary services provided to recipients located or established in the EU. Article 3(g) divides those services into three main categories:

• mere conduit services, such as internet access and data transmission;
• caching services, which temporarily store data to improve transmission efficiency;
• hosting services, which store information provided by users, including cloud hosting, social media, marketplaces and content-sharing platforms.

Online platforms are a sub-category of hosting providers. A hosting provider becomes an online platform where it stores and disseminates information to the public at a user’s request. Online marketplaces are generally online platforms that enable consumers to conclude distance contracts with traders.

Articles 4, 5 and 6 of the DSA provide three conditional liability exemptions. First, a mere conduit provider is not liable where it does not initiate the transmission, select the receiver or modify transmitted information. Second, a caching provider is not liable where the storage is automatic, intermediate and temporary, and the provider meets the statutory conditions. Third, a hosting provider is not liable where it lacks actual knowledge of illegal activity or content, or acts expeditiously to remove or disable access after obtaining such knowledge. These exemptions do not remove the provider’s DSA compliance duties. [1]

 

Hosting provider obligations under the DSA

A hosting provider must implement a notice and action mechanism under Article 16 DSA. The mechanism must allow individuals and entities to submit sufficiently precise notices concerning allegedly illegal content. Notices must be processed in a timely, diligent, non-arbitrary and objective manner.

Where a provider restricts content, suspends an account, limits monetisation or otherwise affects a user’s service access, it must provide a clear statement of reasons under Article 17. The statement should identify the restriction, the relevant facts, the legal or contractual basis and available redress options.

Hosting providers must also report suspected serious criminal offences involving a threat to life or safety to the relevant law-enforcement authorities when they become aware of information giving rise to such suspicion. This duty follows from Article 18 DSA and requires an internal escalation process that distinguishes credible information from unsupported allegations.

 

Internal complaint handling system DSA requirements

Online platforms must operate an internal complaint handling system under Article 20 DSA. Users who submitted a notice, users affected by a restriction decision and certain other parties must be able to challenge moderation decisions for at least six months.

The process must be electronic, accessible and free of charge. Decisions on complaints cannot be made solely by automated means. The platform must ensure that complaints are handled under the supervision of appropriately qualified staff. In practice, businesses should document decision-making criteria, appeal workflows, response deadlines and records of human review.

Article 21 additionally requires online platforms to engage in certified out-of-court dispute settlement where applicable. This does not prevent either party from bringing the matter before a court.

 

Trader traceability marketplace DSA obligations

Online marketplaces face additional obligations under Articles 30 to 32 DSA. Before allowing a trader to offer products or services to consumers, the marketplace must collect specified information, including the trader’s name, address, telephone number, email address, payment account details and relevant business registration data.

The marketplace must make reasonable efforts to assess whether the information is reliable and complete. It must also display certain trader information clearly to consumers. A platform should therefore avoid treating onboarding as a purely technical registration process. Deficient trader verification can expose the marketplace to consumer claims, regulatory scrutiny and reputational consequences where illegal or unsafe products are sold.

The trader traceability rules concern traders, not genuine private consumer-to-consumer transactions. However, the classification of a seller as a trader depends on the factual circumstances, including the frequency, scale and commercial nature of sales.

 

DSA transparency reporting duties

Providers of intermediary services must publish annual transparency reports under Article 15 DSA. The report should cover content moderation, notices received, orders from authorities, automated tools and restrictions imposed under the provider’s terms and conditions.

Online platforms have more detailed reporting obligations under Article 24. They must publish information every six months, including the average monthly number of active recipients of the service in the EU. Very large online platforms and search engines, designated by the European Commission under Article 33 DSA, are subject to enhanced risk assessment, audit and mitigation duties.

Micro and small enterprises benefit from an important exception. Under Article 19 DSA, most obligations applicable specifically to online platforms do not apply to providers qualifying as micro or small enterprises within the meaning of Commission Recommendation 2003/361/EC. Article 24(3), concerning publication of average monthly active recipients, remains applicable.

 

DSA national enforcement in Poland: UKE and other authorities

Poland implemented the national enforcement framework through the Act of 24 January 2025 amending the Act on Providing Services by Electronic Means and certain other acts. The President of the Office of Electronic Communications, UKE, performs the role of Poland’s Digital Services Coordinator. [2]

Depending on the issue, enforcement responsibilities may also involve the President of the Office of Competition and Consumer Protection, UOKiK, and the Chair of the National Broadcasting Council, KRRiT. Businesses should assess the competent authority according to the service type, the nature of the alleged breach and the affected users.

 

Practical DSA implementation priorities

A practical compliance review should cover the service classification, terms and conditions, content moderation rules, notice and action mechanism DSA implementation, complaint procedures, trader onboarding, transparency reporting and staff training. It should also test whether internal processes can generate evidence of compliance during an investigation.

 

This is informational material, not legal advice. Lawyersinpoland.com by Kopeć & Zaborowski can assist businesses in assessing DSA obligations, regulatory exposure and contractual documentation, so international operators may contact us for a fact-specific review.

 

FAQ – Digital Services Act in Poland: Duties for Platforms and Marketplaces

Does the DSA apply to a company established outside Poland?

Yes. The DSA applies where intermediary services are offered to recipients located or established in the EU, regardless of the provider’s place of establishment. A non-EU provider may also need to appoint a legal representative in the EU under Article 13 DSA if it offers services in the Union.

Is every website an online platform under the DSA?

No. A website is an online platform only where it stores and disseminates information to the public at users’ request. A business website publishing only its own content will not normally meet that definition.

What is a notice and action mechanism?

It is a system enabling users and third parties to report allegedly illegal content to a hosting provider. Article 16 DSA requires notices to be processed diligently, objectively and without undue delay.

Must marketplaces verify every trader?

Marketplaces must obtain and assess specified trader information before enabling the trader to offer products or services to consumers. The required level is based on reasonable efforts, not an absolute guarantee that all information is accurate.

Are small platforms exempt from all DSA duties?

No. Small and micro enterprises may benefit from the Article 19 exception for certain platform-specific obligations, but they remain subject to core duties applicable to intermediary services and hosting providers.

What are the risks of non-compliance in Poland?

Risks include orders from competent authorities, administrative penalties under the Polish enforcement framework, consumer disputes, business interruption and reputational harm. The precise consequences depend on the breached provision and factual circumstances.

 

Bibliography

[1] Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC.

[2] Act of 24 January 2025 amending the Act on Providing Services by Electronic Means and certain other acts.

[3] European Commission, Digital Services Act package, official information and guidance.

[4] Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.