The Digital Act dispute and government arguments
The amendment of the Act on the provision of electronic services was intended to let more effective application in Poland of the provisions of the EU DSA Digital Services Act. Karol Nawrocki, the president of the Republic of Poland, however, vetoed the Act, indicating the hazard of excessive administrative interference in content published on the Internet.
The decision was met with a strong consequence from the government. Krzysztof Gawkowski, Deputy Prime Minister and Minister of Digitisation, stressed that the regulation had nothing to do with inhibiting innovation or with actions aimed at circumstantial countries. In its view, the aim is to defend citizens from fraud, illegal content and digital pathologies and to make clear and equal rules for all marketplace participants.
What DSA truly changes online trading
The Digital Services Act has been in force throughout the European Union since 17 February 2024 and is the first regulation to systematically delegate work to online platforms for content published by users. This applies in peculiar to large platforms and marketplaces, which are key sales channels for thousands of e-shops.
For the e-commerce industry, this means more force to rapidly remove illegal offers, fake shops and misleading content. The DSA besides introduces transparency requirements on Moderation and Advertising rules, which can improve traffic quality in the long word and reduce unfair competition. The deficiency of national implementing rules hates the validity of the DSA, but hinders its enforcement at local level, which increases the uncertainty on the part of sellers.
Big techs, US interests and risks to SMEs
The public debate besides saw a voice Tom Rose, United States Ambassador to Poland, who publically praised the decision to veto. In his opinion, the implementation of DSA rules would weaken innovation and hinder the scaling of the activities of technology companies.
The government responds that the deficiency of clear rules in practice strengthens the largest marketplace players with legal and technological facilities. For tiny and medium-sized e-shops this means worse negotiating position towards platforms and higher costs of fighting fraud and impersonating a brand. From an e-commerce perspective, therefore, the question does not concern the existence of regulation itself, but whether the marketplace is to operate on transparent rules or under conditions dictated by the largest players.
DSA enforcement and circumstantial numbers
DSA is not a dead law. European Commission, as an executive body of the European Union liable for enforcement, it already applies them in practice. A punishment of EUR 120 million was imposed on Platform X on 8 December 2025 for breaches of transparency obligations. Proceedings against Meta and TikTok are ongoing and maximum sanctions can scope 6 percent of global yearly turnover. This data comes from authoritative communications from the European Commission.
For online retailers, it is simply a clear signal that platforms will gradually tighten up their rules, moderation processes and bid requirements. Preparation of content, product descriptions and marketing communications to fresh standards becomes part of e-commerce hazard management.
Read the article: The implementation of DSA in Poland is getting closer. What does fresh government mean for e-sellers?
FAQ. Digital law and DSA in e-commerce
- Does DSA concern online shops?
Direct regulation includes intermediary platforms, but indirectly affects all retailers utilizing marketplaces and social media. - Does the President's veto hold the DSA?
Nope. The act applies across the EU regardless of national laws, and veto only concerns enforcement mechanisms at national level. - How does the deficiency of a digital bill affect sales security?
It makes it hard to respond rapidly to illegal content and fraud, which increases reputational risks for honest sellers. - Will DSA increase e-commerce costs?
The main costs are borne by the platforms, but sellers request more restrictive rules for the publication of offers and advertisements. - When are further decisions possible in Poland?
The Ministry of Digital Affairs is conducting a public consultation and decisions are due to be taken in the coming weeks in accordance with the Ministry's communications.
