Global Legal Insights (GLI) is a series of international publications by the Global Legal Group (GLG), authored by legal practitioners from around the world. It offers an up-to-date and highly practical guide to the applicable regulatory landscape, complemented by expert commentary on specific areas of law across different jurisdictions. In short: legislation and actionable know-how in one place.
We co-authored this year’s eighth edition of the volume dedicated to artificial intelligence, machine learning and big data, in which we analyse the key legal aspects of the development and deployment of AI systems in the Polish context.
Trends: Poland on the path to digital maturity
We have reached an advanced stage of digital transformation, with a marked acceleration in the adoption of AI solutions across both the private sector and public administration.
This gives rise to a number of challenges, which can be grouped into four key categories:
- Personal data protection
- Liability for algorithmic decisions
- Automation of HR processes
- Intellectual property rights in AI-generated content
Poland does not yet have a standalone statute dedicated exclusively to artificial intelligence. AI-related activities are currently governed by the directly applicable EU AI Act and by horizontal legislation such as the GDPR, the Civil Code, copyright law and cybersecurity regulations.
The draft AI law addresses, inter alia:
- Market surveillance in accordance with the EU AI Act
- Procedures concerning infringements
- Accreditation and notification of conformity assessment bodies
- Reporting of serious incidents
- Measures to support innovation
- Administrative penalties
The draft does not address matters relating to defence and national security, nor fundamental research that does not involve real-world testing or placing on the market.
The absence of dedicated AI legislation means, however, that liability, including for infringements of individual rights, is based solely on an interpretative extension of general principles of law.
Centralised supervision: a model that sets Poland apart within the EU
As regards supervision, unlike the majority of EU countries, which entrust oversight to existing regulators, Poland is establishing a new body – the Commission for the Development and Safety of Artificial Intelligence (KRiBSI) – which is to serve as the sole national market surveillance authority and the single point of contact with the EU. The draft act also provides for regulatory sandboxes, allowing temporary derogations from documentation requirements. Participation in these is free of charge for, inter alia, SMEs.
The key date for all those deploying AI systems is 2 August 2026 – the deadline for compliance with the EU AI Act. From that date, the principal obligations applicable to high-risk systems will take effect.
Poland’s ‘AI roadmap’
A detailed analysis of these issues, together with an overview of the current regulatory landscape, can be found in the Polish jurisdiction chapter of the Global Legal Insights guide. Its authors – Monika Maćkowska-Morytz, Robert Brodzik, Jarosław Fejdasz and Wiktoria Ostrowidzka – have examined, among other things:
- Generative AI and foundation models
- AI in the workplace
- Key considerations for the implementation of AI into business
- Liability
- Algorithmic discrimination and bias
As a large market with a growing demand for AI, Poland faces extensive EU regulatory requirements alongside notable institutional gaps at the national level.
Chief among the concerns is the lack of full harmonisation between the AI Act and the GDPR, so in the absence of unified national compliance methodologies, companies are left to navigate both regimes in parallel.
In the medium term, the market is expected to consolidate, and AI system audits will become a standard feature of due diligence investigations.
The experience of GDPR implementation clearly demonstrates that regulatory ambition must be backed by an effective supervisory apparatus. Without that, harmonisation will remain more of an aspiration than reality.
The Polish jurisdiction chapter is available here.
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