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In-depth information to be found in the Cross-border Ecommerce Report- Poland
Ecommerce, privacy and data protection in Poland are regulated by different laws, which will be presented in the information below. It will include also law information of consumer protection, digital signature, custom and duties.
Privacy and Data Protection
Data protection is subject to various legal acts. The Personal Data Protection Act, which transposes the EU Data Protection Directive 95/46/EC, provides for general provisions regarding data protection in Poland. There are additional legal acts which set out sectorial provisions concerning data protection in specific areas, such as the Banking Law Act and the Insurance Activity Act. Provisions of these separate acts, or sectorial-based acts, shall take precedence over the Personal Data Protection Act where they provide for more extensive protection than that stipulated by the Personal Data Protection Act. Polish legislation provides rules with regard to the use of “cookies” which are included in the Telecommunications Law Act as well.
Instruments of consumer protection in relation to ecommerce are subject to various acts of Polish law. Distance selling and distance marketing of consumer financial services are regulated by the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by Dangerous Products. The Act on Specific Terms and Conditions of Consumer Sale regulates labeling, information on prices and other information to be provided to the consumer, as well as the liability provisions. Find out more about ecommerce law in Poland.
Digital Signatures and Authentication
In 2001 the Electronic Signatures Act came into effect in Poland. The Act transposed the European Directive 1999/93/EC on a Community framework for electronic signatures. Moreover, some provisions regarding use and legal force of documents signed by electronic signatures were set out in the Polish Civil Code. Detailed rules concerning electronic signatures have also been specified in several other legal acts.
Custom and Duties
Importing goods from outside the EU may require to pay VAT, custom or excise. What is due, if anything, depends on type of good and where it comes from. The customs/VAT warehousing procedure allows the storage of goods without such goods being subject to import duties (suspension of payment of duties and VAT). For deliveries from EU-member states, other than Poland, provisions of the Value Added Tax Act, which implements European Directive 2006/112/EC on the common system of value added tax, are in force. VAT shall be paid in Poland when intra-Community delivery of goods ends up in Poland. Nevertheless, there are several exceptions which shall be examined individually in every case.
More in-depth information (including sources) about ecommerce law, privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, computer crime and intellectual property can be found in the Cross-border Ecommerce Report - Poland.
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