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UKE President to become the Coordinator for Digital Services from November 6

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AI-generated image: UKE President to become the Coordinator for Digital Services from November 6 AI

It will be possible to file a complaint with the authority about a platform, marketplace or search engine that does not comply with EU regulations. However, it will not be another appeal instance for every moderation decision made by platforms.

The Act of September 4, 2026, signed by President Karol Nawrocki on September 25, enters into force on November 6. It appoints the President of the Office of Electronic Communications (UKE), Przemysław Kuna, as Poland's Digital Services Coordinator within the meaning of the Digital Services Act (DSA, the EU regulation on the obligations of online platforms). The DSA has been in force in the EU since February 2024 and covers, among others, social media, hosting services, trading platforms and search engines. Some powers will also be granted to the President of the Office of Competition and Consumer Protection (UOKiK) and the Chair of the National Broadcasting Council (KRRiT).

The President of UKE will be able to demand information from providers, conduct proceedings and inspections, and impose financial penalties. A National Council for Digital Services will be established at the authority.

A user, including a business user, will be able to file a complaint with UKE under Article 53 of the DSA when they believe that a platform is failing to meet its obligations, for example by not justifying an account suspension, lacking a complaint-handling system, or not ensuring transparency of advertising and recommendations. In a dispute over a removed post or a blocked account, the platform's own internal complaint-handling system must be used first. The complaint must indicate the provider and the service and make the violation plausible, for example with screenshots or correspondence. If a regulator in another EU country is competent, UKE will forward the case to it. For the largest platforms and search engines, the European Commission has special direct supervisory powers.

We will not assess users' views or replace platforms in making moderation decisions.
Ewelina Żak, Director of the Department of Digital Services and Consumer Affairs at UKE

Powers to block illegal content and domains are provided for in a separate act, submitted to the president on October 23. If it is signed, it will enter into force three months after publication. KRRiT criticized earlier versions of these provisions, arguing that courts should decide on the unlawfulness of content, according to Wirtualne Media.

At the EU level, enforcement of the DSA against trading platforms is already underway. In May, the European Commission imposed a fine of 200 million euros on Temu for an insufficient assessment of the risk of sales of illegal products, and on October 26 it accepted the platform's remediation plan. Temu has four months to implement it. From November 6, Polish online stores using platforms will be able to file a complaint about a DSA violation with the national authority, which, if necessary, will forward it to the competent regulator.

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