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Message 104
Communication from the Commission - TRIS/(2021) 02036
Directive (EU) 2015/1535
Translation of the message 103
Notification: 2021/0152/F
Forwarding of the observations of a Member State (Poland) (article 5, paragraph 2, of Directive (EU) 2015/1535).
These observations do not have the effect of extending the standstill period.
(MSG: 202102036.EN)
1. MSG 104 IND 2021 0152 F EN 14-06-2021 04-06-2021 COM 5.2 14-06-2021
2. Poland
3A. Ministerstwo Rozwoju, Pracy i Technologii,
Departament Obrotu Towarami Wrazliwymi i Bezpieczeństwa Technicznego,
Plac Trzech Krzyży 3/5, 00-507 Warszawa,
tel.: (+48) 22 411 93 94, e-mail: xxxxxxxxxxxxx@xxxxx.xxx.xx 
3B. Ministerstwo Sprawiedliwości,
Departament Prawa Europejskiego,
Al. Ujazdowskie 11, 00-950 Warszawa,
tel.: (+48) 22 52 12 518 e-mail: xxxxxxxxxxx.xx@xx.xxx.xx 
4. 2021/0152/F - SERV
5. article 5, paragraph 2, of Directive (EU) 2015/1535
6. The Republic of Poland approves the amendments to the provisions of the law notified by the French Republic
(Notification 2021/152/F). Member States should be free to shape their policies vis-à-vis online platforms, in
particular social networks, in order to protect society from illegal content on the one hand and, on the other hand,
to protect their citizens’ freedom of speech and expression. In the opinion of the Republic of Poland, it is
particularly important to ensure a balance between the two values. 
At the moment, the Government of the Republic of Poland is also working on regulations regulating social
networks, in particular their relations with users. The solutions presented by the French Republic are in many
respects close to the solutions currently being designed by Poland. Moreover, the legislative objectives of the
Government of the French Republic, i.e. the need to ensure an adequate degree of supervision of digital platforms,
which are usually large international corporations, and the protection of citizens’ rights, are the same as the
objectives that the Republic of Poland wants to achieve in its legislation. The exercise by Member States of
effective supervision and control of online platforms and, in particular, on social networking services provided to
their citizens, is essential to ensure adequate protection and indeed the responsibility of Member States. It is a
positive phenomenon that an increasing number of countries recognise the problem of negative consequences
resulting from the uncontrolled increase in the influence of online platforms. 
The Republic of Poland supports a regulation enabling the French authorities to oblige online platforms to establish
a contact point responsible for communicating with public authorities on the territory of France, wherever they are
located. It is extremely important for Member States which intend to introduce similar regulations to ensure efficient
communication with online platforms so that national courts and their authorities can quickly inform platforms about
their decisions, and these portals can immediately comply with the rules of the courts and authorities. The right of
Member States to impose such an obligation on online platforms not established in their territory but providing
services to their nationals or other persons residing or habitually residing in their territory may arise from the
constitutional order of those States which, in such a case, cannot be restricted by Union legislation. 
A very important issue introduced by the provisions notified by the French Republic, which should also be fully
approved at EU level, is to prevent online platforms from moderated content only by automated means. Poland
also draws attention to this problem in its legislative work on national solutions for online platforms. Any information
society service provider using automated means of moderation of content should ensure that such measures do
not produce discriminatory or unfair results. It should be agreed that access to illegal content should be limited, but
in some cases it is very difficult to diagnose illegal content and requires an appropriate legal assessment, which is
impossible by automated means. The border between illegal and legal content can be extremely difficult to define.
Due to the massive scale of online content management, online platforms often rely solely on automated decision
tools as the ultimate solution to this very complex task. In many cases, human intervention is necessary to control
automatic tools. 
It is also appropriate to impose reporting obligations on online platforms. Member States should have control over
the compliance of online platforms with their obligations under national law. This is extremely important for the
effectiveness of the legislation and for assessing the effectiveness of supervision by national regulators. It is up to
the Member States to oblige online platforms to produce appropriate reports on their activities and to fulfil their

obligations. 
The Government of the Republic of Poland also approves of the solutions proposed by the Government of the
French Republic concerning supervision of the compliance of online platforms with the obligations imposed on
them, including the imposition of fines (cash fines) by the national regulator – the High Council for Audiovisual
Affairs. From the point of view of the Member States planning to regulate the activities of online platforms or social
networks, it is important to operate appropriate preventive and repressive tools that ensure that online platforms
comply with the obligations imposed on them and which Member States have the right to introduce. 
In the context of the deletion procedure, the need to ensure that the provisions introduced by the French Republic
do not interfere with the internal affairs of other countries should be pointed out. The introduction of national rules
must not seek to restrict civil liberties, especially of people living in other EU countries. Poland therefore draws
attention to the need to strictly regulate the territoriality of deleting or blocking access to content, so that decisions
taken by the French authorities do not affect, without the consent of other Member States, the availability of
content in those countries where they may be completely legal. The project author should bear in mind that not all
acts that are prohibited or unlawful under internal legislation will also be prohibited in other EU countries. 
The Polish government is aware of work on solutions regulating the activities of platforms and the internet market
on an EU level, which have recently become more intensive. In this context, the proposed Digital Services Act
should be mentioned. In the opinion of the Government of the Republic of Poland, possible future EU regulations
harmonising the internal market should not remain in opposition to proven national regulations, but should only
facilitate cooperation between Member States and ensure an effective obligation for online platforms to comply with
the obligations imposed on them, regardless of where they are located.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: xxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx