There is now a phase for proposing ideas for improvements in legislation. Bearing in head the multitude of fresh government on the digital market, IAB Poland decided to make its proposals and to express its willingness to actively participate in the work on simplifying rules for Polish entrepreneurs.
The IAB Working Group prepared 4 key demands. In our view, it is these areas that request urgent legislative changes, and their introduction will let for the further sustainable improvement of the digital manufacture in Poland:
1. Effective enforcement of laws in force in Poland on equal terms with all entities.
In the face of current global challenges, and besides in view of the request for dynamic improvement of the Polish market, it is vital to guarantee equal opportunities for all entrepreneurs operating in our country. Therefore, we believe that the law in force in Poland and the EU should be applied and enforced to all entities, creating uniform and fair conditions for Polish companies in the context of both national and global markets.
In particular, we see specified possible in the area of e-commerce. The fact that any entities, mainly from the Asian market, operating from abroad but offering the anticipation of buying goods by Polish consumers, do not comply with the laws in force in Poland and the EU, reduces the competitiveness of the Polish economy. By ensuring equal opportunities, Polish companies, especially the smaller ones, will be able to make innovation and improve their efficiency, which will have a affirmative impact on the full economical growth of the country.
2. European Union + zero principle
We call for the implementation of EU law in the Polish legal order to be governed by the EU+zero rule, meaning that there is no excessive regulation beyond EU requirements. We regret that the frequent practice of Polish legislators is both excessive, much more stringent or frequently unwarranted implementation and the deficiency of a desire to compensate for fresh obligations by eliminating another existing burdens. This creates tremendous regulatory chaos and a negative impact on economical development. For example, this was peculiarly evident in the changes introduced in the amendment of copyright, and this is presently reflected in implementation Accessibility Directives. We are informed of the desire to apply the provisions of the Act of 26 April 2024 on ensuring that certain products and services are available by economical operators (Journal of Laws, item 731, hereinafter referred to as ‘the Act’) for net advertising. This raises serious doubts. There is no legal basis for applying the Act to advertising. First of all, the provisions of the Directive in no way indicate the request to implement specified a solution. In addition, our analysis shows that in many another associate States no akin solution has been introduced. So neither do we see the justification.
3. Overregulation
As mentioned earlier, the excessive implementation of EU regulations has many negative effects on the functioning of Polish companies. Both current and fresh solutions origin the constant request for changes in the functioning of the business, in practically all aspect. all year, companies are forced to allocate expanding financial and staff resources to the implementation of subsequent regulations, which is at the expense of investing in innovation and attractive to customers.
Often the expected changes are sufficiently profound that they require functional changes involving many financial, staff and time resources. Companies, regardless of size, request to be clear about legal requirements so that they can effectively plan their business activities.
Therefore, as a minimum, we consider it essential to:
- Implementation of fresh regulations in a package, taking into account the in-depth analysis of the impact assessment and the mapping of all provisions in the area;
- At least half-years of vacatio legis in economical legislation.
4. Self-regulatory solutions as a priority
Business should be able to self-regulation wherever possible. IAB Poland has extended experience in implementing self-regulation, which successfully function on the marketplace and have gained the approval of regulators. As an example we can give Code of good practice on detailed rules for the protection of minors in on-demand audiovisual media services[1]which in regular audits of the KRRiT gains almost 100% effectiveness.
If self-regulatory solutions are not possible, we call for an absolute increase in the transparency of the legislative process by mandatory consideration of business opinions. While this rule should be applied, not only at the public consultation stage, but from the very beginning, from the start of the legislative proposal.
The above points have been reported to the Rafał Brzoski project, where according to the assumptions they will undergo public discussion and after affirmative assessment they can scope the government as legislative recommendations. IAB Poland will look at the work on this project, and where key topics for the Polish digital marketplace will emerge, the organisation will join the activities, taking care to represent the interests of the industry.
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