AI gigafactory in Poland – a groundbreaking investment in artificial intelligence infrastructure

The application to build an AI gigafactory in Poland is part of a broader European Union strategy that recognises the need to build its own independent computing resources and expertise in artificial intelligence. In recent years, we have seen a dynamic growth in the importance of AI in almost all sectors of the economy – from industry, health, education and energy to public administration. Poland, as a country with great development potential but also facing challenges in the field of digitalisation, has decided to seize this moment to become a regional leader in AI. The AI gigafactory is intended to respond to the growing demand for computing power, access to modern language models and analytical tools that are essential for conducting innovative research and implementing advanced digital solutions.

The Baltic AI GigaFactory project assumes that as much as 65% of the investment will come from private capital, which highlights the business sector’s commitment to the development of artificial intelligence in Poland. The remaining part of the financing will come from European funds and national innovation support programmes. The AI gigafactory will be located in Poland, in up to two locations that will provide optimal conditions for advanced computing, including access to green energy, low network latency and appropriate ICT infrastructure. Within a few years, the plan is to expand the computing power to 30,000 graphics processing units (GPUs), which will allow for the training of AI models with parameters measured in trillions.

Development of language models and the AI ecosystem – Poland and the Central and Eastern European region

One of the key objectives of the AI gigafactory is to support the development of proprietary regional language models and AI tools tailored to the linguistic, cultural and economic characteristics of Central and Eastern Europe. Among the flagship projects to be developed within the Baltic AI GigaFactory are the Polish language models PLLuM and Bielik.AI and the Latvian model Tilde. This will give Poland and the Baltic states access to tools that will enable them to compete effectively with global technology giants, while ensuring the region’s digital security and sovereignty.

It is worth emphasising that the construction of an AI gigafactory in Poland is not only a matter of technology, but also a stimulus for the development of the entire innovation ecosystem. The project involves close cooperation between business, science and public administration, which is expected to translate into an increase in the number of AI implementations in strategic sectors such as health, energy, agriculture, industry and administration. Thanks to investments in AI infrastructure, Poland will have the opportunity to attract new foreign investments, develop digital competences and increase the productivity of its economy. In the long term, the AI gigafactory is expected to become a catalyst for the digital transformation of the entire region, enabling the implementation of ambitious research and commercial projects on an international scale.

AI law and directives – the AI Act and new regulations for the gigafactory

Legal issues are also important, as they play a key role in the development and implementation of artificial intelligence.

In July 2024, the European Union adopted a landmark regulation on artificial intelligence – the AI Act (Regulation (EU) 2024/1689), which establishes the world’s first comprehensive legal framework for AI. The aim of the AI Act is to ensure safety, protect fundamental rights and promote the development of trustworthy artificial intelligence throughout the Union. The regulation introduces a four-tier risk classification for AI systems, covering systems posing unacceptable risk (which are prohibited), high-risk systems (e.g. AI in justice, medicine, critical infrastructure), systems posing limited risk, and systems posing minimal risk.

The AI Act imposes a number of new obligations on suppliers, importers, distributors and users of AI systems, including the need to conduct audits, maintain technical documentation, monitor compliance and ensure that employees have the necessary skills (AI literacy). Of particular importance are the provisions on high-risk systems, which must meet stringent requirements in terms of safety, transparency and accountability. The regulation also provides for high penalties for violations – up to €35 million or 7% of a company’s global turnover. The AI Act will be implemented in stages, with the first provisions taking effect in February 2025 and the next ones coming into force in August 2025 and 2026.

The impact of the AI Act on Polish law and obligations for businesses

In the context of the construction of an AI gigafactory in Poland, new legal regulations are crucial to ensuring that the designed solutions comply with EU requirements. Work is underway on a national law on artificial intelligence systems, which is intended to enable the effective implementation of the AI Act at the national level. The new regulations are to be flexible, transparent and innovation-friendly, while ensuring the safety of citizens and the protection of their rights. Deputy Minister of Digital Affairs Dariusz Standerski emphasises that the aim is to create stable and predictable legal solutions that will accelerate the implementation of AI in Polish companies and institutions.

For entrepreneurs, this means adapting to new legal requirements, including the obligation to assess risks and maintain technical documentation for high-risk AI systems, create AI implementation policies, conduct regular compliance audits, update technology and ensure that employees have the appropriate AI skills. All this means that the implementation of AI in Polish companies will require not only technological investments, but also the development of legal and organisational competences.

Read more here: https://lbkp.pl/co-powinna-zawierac-polityka-wykorzystywania-systemow-ai/

AI gigafactory and legal challenges – intellectual property and liability

One of the biggest challenges associated with the development of AI is the protection of intellectual property and the transparency and accountability of decisions made by artificial intelligence systems. This is particularly true in regulated sectors such as healthcare, finance and public administration, where errors or opaque AI behaviour can have serious legal and social consequences. The AI Act introduces an obligation to explain decisions made by AI systems and to ensure that users have the possibility to appeal against decisions made by algorithms. This is an important step towards building trust in artificial intelligence and ensuring its ethical use.

It is also worth noting that the provisions of the AI Act are currently ‘toothless’ in Poland, as no supervisory authority has yet been established to enforce the new regulations. However, work is underway to establish a Commission for the Development and Safety of Artificial Intelligence, which will supervise the market, monitor the compliance of AI systems with regulations and impose penalties for violations. This is an important element in building a national AI ecosystem that will ensure safety, transparency and accountability in the development of new technologies.

AI gigafactory in Poland’s digital development strategy

The construction of an AI gigafactory in Poland is also part of a broader strategy for the development of artificial intelligence, which focuses on sectors with the greatest economic potential and the implementation of major socio-economic challenges. Despite the dynamic development of AI worldwide, Poland is still lagging behind in the adaptation of this technology. According to a report by the Polish Economic Institute, it is necessary to analyse the AI technology stack, identify sectors with the greatest potential and build an innovation ecosystem that will enable the effective implementation of new solutions. The AI gigafactory is intended to be a catalyst for accelerating innovation, increasing productivity and building a competitive advantage for the Polish economy.

Cooperation with global technology leaders such as Google and the development of national language models are elements of the strategy to secure Poland’s place among the leaders of digital transformation. Thanks to investments in AI infrastructure, the development of digital competences and the creation of an open innovation ecosystem, Poland has the opportunity to become a centre for the development of artificial intelligence in Central and Eastern Europe. This, in turn, will translate into an increase in the number of AI implementations in strategic sectors, the development of new business models and an increase in the country’s attractiveness to foreign investors.

Digital skills and security – the role of the AI gigafactory for Poland

The AI gigafactory is also an opportunity to develop digital skills among Polish employees and scientists. The project involves close cooperation with universities and research institutions, which will enable the training of new staff in artificial intelligence, data science and data engineering.

As a result, Poland will gain access to highly qualified specialists who will be able to implement innovative projects on an international scale. In the long term, investment in digital skills will translate into increased innovation in the economy and greater competitiveness of Polish companies on the global market.

The role of the AI gigafactory in building the digital sovereignty of Poland and the region should not be forgotten. In an era of growing cyber threats and geopolitical tensions, having our own independent AI infrastructure is becoming a key element of national security. The AI gigafactory will enable the development and implementation of solutions that are compatible with European values and standards, while ensuring the protection of personal data, privacy and citizens’ rights. This is particularly important in the context of the growing role of AI in sectors such as defence, security, health and public administration.

AI Gigafactory – decisions, directives and the future of artificial intelligence in Poland

The construction of an artificial intelligence gigafactory in Poland is an investment of strategic importance for the development of the digital economy, innovation and national security. Thanks to this project, Poland has the opportunity to build its own sovereign AI infrastructure, develop digital skills and strengthen its position on the international stage. Of key importance here are the new legal framework – the AI Act, national regulations, government decisions and international cooperation, which are intended to ensure the safe, innovative and ethical development of artificial intelligence. The AI GigaFactory is not only about technology, but also an impetus to build a modern innovation ecosystem that will allow Poland and the region to compete effectively in the global digital market. In the coming years, decisions on the development of AI infrastructure, the implementation of new directives and the building of digital competences will determine the future of the Polish economy and its position in Europe.

It is worth following the further development of the Baltic AI GigaFactory project, as its implementation may become a breakthrough not only for Poland, but for the whole of Central and Eastern Europe. Joint action by the countries of the region, support from the European Commission and the involvement of the private sector are factors that may determine the success of this investment.

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Key changes to the CapCut Terms of Service

“By using the Services, you acknowledge and agree that CapCut does not make any promises or warranties regarding the legality or appropriateness of any content inputted or generated by you based on your inputs. You shall be solely responsible for content uploaded to or made by using CapCut, and such content is not and will not be endorsed, sponsored or approved by CapCut”. 

“All User Content will be considered non-confidential. You must not upload or make available any User Content on or through the Services or make available to us any User Content that you consider to be confidential or proprietary to any other person. When you upload or make available User Content through the Services, you agree, represent and warrant that you own such User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such User Content to the Services, and/or to otherwise make any use of such User Content on or through the Services”. 

“Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content via the Services, you acknowledge and agree that you allow us to upload such content to our server and hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content for providing the Services for you”. 

You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free fully transferable (including sub-licensable), worldwide license to use your username, image and likeness to identify you as the source of any of your User Content, including for use in sponsored content”. 

Źródło: https://www.capcut.com/clause/terms-of-service 

On 12 June 2025, CapCut updated its Terms of Service. The most significant changes concern the scope of the licence that users grant to the platform for the use of materials created in the application. The new provisions are very broad and include, among others:

• An irrevocable, worldwide, perpetual, sublicensable, transferable and free licence to use, modify, adapt, reproduce, create derivative works, distribute and store user content.
• Use of content for marketing, advertising and commercial purposes – without the need to inform or compensate the creator.
• The right to use the user’s name, surname, image, voice and pseudonym in promotional or sponsored materials.
• The licence remains in force even after the user deletes their account or material.
• CapCut may remove or block any user content at any time at its sole discretion.
• In practice, this means that any material uploaded to the application (video, photo, audio) may be used by CapCut and its partners for any purpose, even after the termination of the user’s account.

Legal issues – what do the new terms and conditions mean?

The new provisions in CapCut’s terms and conditions raise serious legal concerns, particularly in relation to copyright, personal data protection and user liability.

Copyright and the licence granted to CapCut

According to the terms and conditions themselves, the creator retains the economic rights to their works. However, by sharing material on the CapCut app, the user grants a very broad licence. This means that CapCut can use the material freely, but does not become its full owner.

However, the scope of the licence is so broad that it makes it practically impossible for the creator to control how their content is used by the platform. What is more, this licence is irrevocable and perpetual, which means that even after the material or account has been deleted, CapCut may continue to use the uploaded content.

User responsibility for copyright infringement

CapCut’s terms and conditions clearly state that responsibility for copyright infringement (e.g. using music without a licence) lies with the user and not with the platform. This means that the creator bears full legal and financial responsibility for any infringements of third-party rights. This in itself is not controversial, but in combination with the broad licence and CapCut’s lack of control over the use of content, it can be dangerous for creators.

Personal data and image protection

New provisions in the terms and conditions allow CapCut to use not only content, but also the image, voice and identification data of users in promotional materials. This may raise concerns about compliance with the GDPR, especially if users have not been informed in a clear and transparent manner about the scope of data processing.

Alternatives to CapCut – PixVerse and other video editing tools

In response to the controversy surrounding CapCut, many creators have started looking for alternatives. One of them is PixVerse, a platform for generating videos using artificial intelligence.

PixVerse’s licence policy and terms of use

Unlike CapCut, PixVerse’s terms of use do not contain such a broad licence for the use of user content. The platform uses the material solely for the purpose of providing services and developing the application. Users retain greater control over their content and have the right to delete it.

However, it is important to remember that every online platform collects and processes user data, and terms and conditions can be changed at any time. Therefore, before choosing a video editing tool, it is important to carefully read its privacy policy and terms of use.

Summary and recommendations for creators

The changes to CapCut’s terms of service in June 2025 show how important it is to carefully read the terms of use for video editing apps. A broad licence granted to the platform can lead to a loss of control over your own work and a violation of user privacy.

Recommendations for creators:

• Read the terms and conditions and privacy policies carefully
• Consider using offline editors
• Monitor changes to the terms and conditions
• Pay attention to liability for copyright infringement.

Legal perspective and the future of creators’ rights in video editing apps

Licensing issues in video editing apps are the subject of lively public debate. On the one hand, platforms need to secure the necessary rights to process and store user content in order to provide their services. On the other hand, overly broad licences can lead to a loss of control over one’s own work and potential abuse.

In the future, we can expect further developments in copyright and privacy regulations in the digital world. Creators should be aware of their rights and responsibilities and actively participate in the debate on shaping the policies of the platforms they use.

How to protect your rights as a creator?

Choosing the right video editing app depends on the individual needs and priorities of the creator. If you want full control over your content and privacy, consider using offline tools or platforms with more restrictive licensing policies. If, on the other hand, you value convenience and quick sharing of content on social media, you can use apps such as CapCut or PixVerse, but always be aware of the terms of use and potential risks.

In the digital age, intellectual property and image rights are crucial for every creator. That’s why it’s important to be a careful user and actively protect your rights in the digital world.

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Civil liability of vehicle owners – the principle of risk and autonomous vehicles

In Polish law, the basis for liability for traffic damage is Article 436 of the Civil Code, which provides for liability on the basis of risk. This means that the owner of a motor vehicle is liable for damage caused regardless of fault. In principle, therefore, even in the case of an autonomous vehicle, its owner may be held liable.

Is this rule sufficient in the context of vehicles that operate without human involvement? On the one hand, yes. These vehicles still pose a threat on the road, if only because of their weight, speed or the possibility of system failure. On the other hand, human involvement in their use is minimal, which calls into question the fairness of assigning liability directly to the user or owner.

It is also worth noting that road accident statistics in Poland show that the human factor remains the main cause of road accidents (91% of accidents in 2023. By comparison, accidents resulting from technical failures and other non-human causes accounted for only 2.5% [1]). However, in the case of autonomous vehicles, there is still a risk of algorithm errors, component failures, connectivity problems and cybersecurity breaches, which can lead to situations where accidents cannot be avoided. Autonomous technologies therefore do not eliminate risk entirely, and the vehicles themselves still pose a threat, if only because of their weight and speed.

Exoneration of the owner and the role of force majeure

The question arises as to the adequacy of exoneration grounds in the context of autonomous means of transport. Traditionally, force majeure could be a basis for exclusion of liability. In the case of modern vehicles that communicate with infrastructure and are capable of detecting extraordinary events, the application of this exception may be limited. Furthermore, technical failures are generally not considered force majeure, and the risk of their occurrence is borne by the vehicle owner.

Driver fault and the level of vehicle autonomy

Polish law provides for a special case of liability for traffic accidents, regulated in Article 436 § 2 of the Civil Code. This is a departure from strict liability, introducing the principle of fault in the case of vehicle collisions (this applies only to mutual claims between owners) or so-called courtesy transport. This solution raises significant legal doubts, especially in the context of autonomous vehicles.

Autonomous vehicles with a high level of autonomy are designed in such a way that the user cannot take control of the vehicle. This excludes the attribution of liability for driving errors or the imposition of obligations that could later be considered culpable under current traffic regulations. Such cases may lead to an inability to assign blame, as it is difficult to establish clear and fair criteria for assessing the behaviour of a vehicle passenger. In the context of autonomous vehicles, the only exceptions may be extreme cases, such as deliberate damage to the vehicle.

The problem also arises in situations where autonomous vehicles require the user to take control in emergency situations. This can lead to confusion about the responsibilities of the person in the vehicle and their role as an ‘emergency’ driver. In practice, liability for damage caused by autonomous vehicles could only be attributed in fairly narrow cases, e.g. when the user failed to take control in time.

In addition, in the event of a collision involving traditional and autonomous vehicles, the current legal framework may lead to unfair consequences. The liability of the owner of a traditional vehicle will be easier to prove and enforce, which cannot be said for claims against the owner of an autonomous vehicle. In such cases, alternative solutions are proposed, such as assigning liability to the owner of the autonomous vehicle regardless of fault, by way of exception.

Manufacturer’s liability for autonomous vehicles as dangerous products

Finally, manufacturer’s liability for dangerous products can be analysed in the context of autonomous vehicles. According to the Civil Code, Directive 85/374/EEC and the newly adopted but not yet implemented PLD Directive (2024/2853), the manufacturer’s liability is based on the principle of risk, which means that the manufacturer is liable for damage regardless of fault. This liability may also extend to other entities involved in the production or distribution of vehicles, such as material manufacturers or importers (the new provisions extend this list).

In the context of autonomous vehicles, this means that liability for damage may be transferred to their manufacturers, who benefit from bringing these technologies to market. Such a regime aims to encourage manufacturers to develop safer solutions that minimise the risk of compensation payments.

The basis for applying the provisions on liability for dangerous products is to determine whether autonomous vehicles can be considered such products. A product is considered dangerous when it does not provide the expected level of safety in normal use. In the case of autonomous vehicles, advanced technology does not exempt them from this criterion. On the contrary, the complex design of these vehicles argues in favour of subjecting them to a strict liability regime.

Although current legislation may have some shortcomings, which will be partially addressed by new regulations, manufacturer liability regardless of fault, combined with additional measures such as compulsory civil liability insurance, could be an effective way of compensating for damage caused by modern technologies.

AI system operator – a new liable entity?

The 2020 European Parliament Resolution on civil liability for artificial intelligence introduces the concept of a new category of entity – the artificial intelligence system operator.

An operator who manages an AI system, whether front-end or back-end, could be liable on a risk basis for any damage caused by the physical or virtual actions of a high-risk AI system, as well as devices and processes using that system, and therefore also, with a high degree of probability, autonomous vehicles. The operator would be liable for damage caused by other systems on a fault basis, and it would not be possible to invoke the fact that the damage was caused by the autonomous operation of the system as a defence.

This opens the door to the creation of a new, more flexible category of liability that could cover both users and AI system operators.

However, there is still no precise definition of ‘operator’, and the scope of their responsibilities remains a matter of debate – whether they will exercise ongoing control over the integrated vehicle movement algorithm or be assigned to a specific device as a kind of individual ‘guardian’.

There are also ideas to create a compensation fund or to make this group subject to compulsory civil liability insurance. Such a fund could be financed by vehicle manufacturers, users and car-sharing companies, but the details of how it would work are still pretty abstract.

The need for legislative changes – the future of legal regulations

Autonomous vehicles, as high-risk technologies, require a new legislative approach. Experts point to the need to:

• adapt the provisions of the Civil Code to the realities of autonomous transport;
• create a precise definition of an ‘AI system operator’;
• extending the list of responsible entities;
• developing a system of compulsory third-party liability insurance for autonomous vehicles and entities involved in their operation;
• considering the creation of a compensation fund.

Summary: liability for damage in the era of autonomous transport

The issue of liability for damage caused by autonomous vehicles is a problem that still has no clear solution. Current regulations are not keeping pace with the rapid development of technology, especially when it comes to highly automated vehicles. Traditional fault-based liability seems insufficient here, and the need to introduce strict liability is becoming increasingly apparent. There is also a need to define the role of vehicle operators and clarify their potential obligations. It will also be important to adapt insurance regulations to ensure effective compensation for damages. This entire process requires flexibility in regulations, which should take into account both the technological revolution and the protection of the interests of injured parties.

[1] National Police Headquarters, Traffic Department, Road accidents in Poland in 2023, https://statystyka.policja.pl/st/ruch-drogowy/76562,wypadki-drogowe-raporty-roczne.html, p. 25.

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What are greenwashing and green claims?

Greenwashing is an increasingly common marketing practice whereby companies create a false or misleading impression that their products or services are more environmentally friendly than they actually are.

In this way, companies take advantage of growing consumer awareness of environmental issues by creating a ‘green’ image without taking any real action to protect the environment. Such actions may bring companies short-term image and sales benefits, but in the long run they result in a serious loss of customer trust and real legal and financial consequences.

In the context of greenwashing, the term ‘green claims’ is increasingly being used to refer to marketing statements designed to convince consumers that a product or service has a positive impact on the environment. Green claims are becoming a popular tool for companies responding to market demands for sustainability and consumer expectations for transparency in environmental activities.

Unfortunately, research by the European Commission indicates that as many as 40% of such green claims are unsubstantiated or contain information that misleads consumers. This means that many of them are examples of greenwashing, which not only undermines consumer confidence but also distorts fair competition in the market.

In response to these abuses, the European Union is working intensively on the introduction of the Green Claims Directive. The new regulations, planned to come into force by the end of 2026, are intended to establish clear and uniform rules for the use of green claims in marketing communications. According to the draft, companies will be required to back up their environmental claims with specific and verifiable evidence, preferably confirmed by independent experts and verifiers. The aim of the directive is not only to protect consumers from being misled, but also to support companies that are genuinely implementing sustainable development policies. In addition, the regulations are intended to increase transparency in supply chains and reduce the risk of unfair practices in the area of ESG (Environmental, Social, Governance).

Source: Green Claims – EU Circular Economy

Examples of greenwashing – how does it work in practice?

Greenwashing takes many forms that can be difficult for the average consumer to detect. Below are some of the most common examples:

• Advertising products as ‘eco-friendly’, ‘biodegradable’ or “natural” without any evidence to support these claims.
• Claiming that a product is ‘100% natural’ even though it contains artificial additives or synthetic substances.
• Using non-existent, fictitious eco-certificates or symbols to suggest that a product is environmentally friendly, even though this is not actually the case.
• Claiming that a company is ‘climate neutral’ or ‘carbon neutral’ even though it does not take any effective measures to reduce greenhouse gas emissions in practice.
• Using images of animals, nature symbols or colours associated with ecology to give consumers the impression of environmental responsibility without actually backing up these claims.

Greenwashing – what consequences and penalties await companies?

Greenwashing carries serious risks, not only to a company’s image, but also legal and financial risks. Here are the key consequences that companies engaging in such practices may face:

• Financial penalties – in Poland, penalties for unfair marketing practices, including greenwashing, are high. According to the Act on Counteracting Unfair Market Practices, the penalty can be as high as 10% of the company’s annual turnover. Such sanctions are intended to have a preventive and deterrent effect.
• Reputational damage – the biggest threat to companies accused of greenwashing is the loss of customer trust. In the age of social media and growing consumer environmental awareness, information about unfair practices spreads quickly. The result is a rapid decline in customer loyalty and a reduction in brand value.
• Loss of access to ESG financing – banks, investment funds and other investors are increasingly verifying companies’ compliance with the EU taxonomy and sustainability standards. Detection of greenwashing may result in the withdrawal of financing or the loss of preferential lending terms, including access to so-called green bonds.
• Lower ESG rating – agencies assessing corporate sustainability are lowering the ratings of companies involved in greenwashing. Such a negative rating translates into a poorer perception of the company on the capital market and among investors.
• Green default risk – if funds from green financial instruments (e.g. bonds) are used contrary to the declared objectives, investors may demand the return of funds and compensation.
• Class action lawsuits and social organisation activities – violations related to greenwashing may result in court and administrative proceedings, as well as pressure from consumer and environmental organisations.

High-profile examples of greenwashing from the global and Polish markets

• The Volkswagen scandal – Dieselgate – one of the most famous cases of greenwashing, in which Volkswagen advertised its cars as environmentally friendly while installing software that manipulated emissions results. This resulted in penalties of approximately $34.7 billion (mainly in the US), numerous lawsuits, compensation payments and a drop in share value of around one third. This case made regulators aware of the serious consequences of greenwashing when treated as systemic fraud.
• Deutsche Bank and DWS – the German financial supervisory authority fined the asset management company DWS €25 million for misleading investors and misusing ‘green’ slogans that did not correspond to the company’s actual ESG activities.
• Polish example – BO Energy – at the end of 2022, the Office of Competition and Consumer Protection imposed a fine of over PLN 28 million on BO Energy (photovoltaic industry) a fine of over PLN 28 million for unfair practices, such as misleading promises of cooperation with the Ministry of Climate and offering allegedly ‘free’ energy audits. This was the highest consumer fine in Poland in 2022.

Legal regulations against greenwashing in Poland and the EU

In Poland and at the European Union level, there are a number of regulations aimed at eliminating greenwashing:

• Act on Counteracting Unfair Market Practices – prohibits misleading consumers in marketing communications, which also includes greenwashing. Companies that violate these regulations are subject to heavy financial penalties.
• Act on Combating Unfair Competition – protects against unfair practices in business activities that may mislead consumers, including in the area of environmental claims.
• CSRD (Corporate Sustainability Reporting Directive) – requires companies to report on their sustainability performance. These reports must be transparent, verifiable and reliable, which helps to verify the accuracy of green claims.
• Green Claims Directive – scheduled to be implemented by the end of 2026, the directive will introduce strict requirements for the use of green claims in marketing, imposing an obligation to prove their accuracy and ensure transparency of communication.

How to avoid accusations of greenwashing? Basic principles for companies

To avoid the risk of accusations of greenwashing, companies should follow a few key principles:

• Data reliability – all marketing communications should be based on verified, scientifically proven facts about the environmental impact of products and services.
• Precise terminology – avoid vague, unclear terms such as ‘eco’ or ‘environmentally friendly’ if they cannot be clearly proven. Environmental certificates and labels should be verifiable.
• Transparency – the company should disclose information about its environmental activities, certifications, environmental audit results and the stages of implementation of its sustainability policies.
• Continuous monitoring and updating of communication – marketing messages must be regularly reviewed and updated in line with the actual status of the company’s activities and legal requirements.

Legal support in the fight against greenwashing

Professional legal support is invaluable at every stage of planning and implementing a marketing strategy related to environmental claims. Our law firm can help you with:

• Analysing advertising messages for compliance with applicable regulations.
• Assessing the legal risk associated with the use of eco-friendly terms and symbols in the promotion of products and services.
• Preparing and implementing transparent environmental communication policies.
• Training marketing and PR teams on compliance with green claims regulations.
• Legal representation in disputes or inspections by authorities.

Honest and reliable environmental communication is not only a legal requirement, but also the foundation for building lasting trust with customers and business partners. Greenwashing is not only a reputational risk, but also a real financial and legal threat. Therefore, companies planning marketing activities using eco-friendly themes should ensure the transparency and authenticity of their message.

Contact us

If you would like to learn more about how to communicate effectively and safely about environmental issues while avoiding greenwashing, please contact our law firm. We will help you comply with applicable law and build a credible, sustainable brand image.

The post Green lies, real consequences – greenwashing in the light of the law first appeared on Kancelaria LBKP.

Why is the EAA important for entrepreneurs?

On 26 April 2024, the Sejm passed a law on ensuring that certain products and services meet accessibility requirements by economic operators, which transposed the European Accessibility Act into Polish law.

The provisions of the Act will enter into force on 28 June 2025, and from that date, entrepreneurs should market products that meet accessibility requirements and offer accessible services in accordance with the provisions of this Act.

This is not only a legal obligation, but also a great opportunity for growth and improvement of your company’s image. Compliance with accessibility standards can increase your competitiveness in the market and expand your customer base to include people with disabilities who may have had limited access to your products and services in the past.

The main objectives of the EAA and the Act on ensuring that certain products and services meet accessibility requirements by economic operators:

1. Elimination of barriers – facilitating access to products and services for people with various types of disabilities.
2. Empowering consumers – ensuring equal opportunities for everyone to use services and products.
3. Harmonisation of standards – introducing uniform accessibility regulations across the European Union, eliminating the need to adapt to local regulations.

Who is affected by the EAA?

The Act on ensuring the accessibility of certain products and services by economic operators (and the EEA) applies to a wide range of businesses:

• Manufacturers – must ensure that their products meet accessibility standards.
• Importers – responsible for verifying the compliance of products from outside the EU.
• Distributors – should check that the products they offer meet accessibility standards.
• Authorised representatives – (Authorised representatives are entities acting on behalf of a manufacturer within the EU. On the basis of a power of attorney, they are required to at least: a) keep EU declarations of conformity and technical documentation for 5 years; b) provide the supervisory authorities with the required information and documents; c) cooperate with the authorities to remedy non-compliance of products).
• Service providers – companies providing services must adapt them to accessibility requirements.

As can be seen, the new regulations apply to almost all companies. Although micro-enterprises (fewer than 10 employees and an annual turnover of less than EUR 2 million) are partially exempt from the obligations, this is not always the case – they are subject to them, for example, if they use ready-made e-commerce systems.

What products and services does the EAA cover?

The Directive and, consequently, the Polish Act cover:

• Products:
• Computer equipment, operating systems, terminal equipment for telecommunications services
• Payment terminals, ATMs, self-service machines
• E-book readers
• Services:
• Telecommunications, banking, transport (road, rail, air)
• E-commerce
• Consumer end-use devices with interactive computing capabilities used to offer or provide services: a) telecommunications, b) access to audiovisual media services

Importantly, products that meet the accessibility requirements set out in Articles 7–11 are used to offer or provide services. This means that the requirements also apply to, for example, company websites. -(Websites)

Exceptions to which the requirements do not apply include, among others

1) services offered or provided by micro-enterprises;

2) websites and mobile applications in the field of:

1. a) maps and interactive maps, including geoportals, where these maps, interactive maps, including geoportals, contact details and geographical location are presented in a digitally accessible manner, as referred to in the provisions of the Act of 4 April 2019 on the digital accessibility of websites and mobile applications of public entities (Journal of Laws of 2023, item 1440),
2. b) content that is not financed or created by a given economic operator and is not under its control;

Important!

Directive on the accessibility of products and services, the so-called European Accessibility Act (EAA)

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (hereinafter: European Accessibility Act) was transposed into EU law in 2019. The European Accessibility Act requires Member States to implement measures to ensure greater accessibility, including:

• transport services (e.g. ticket booking);
• payment services;
• e-books and devices for reading them;
• self-service devices (e.g. ATMs).

The European Accessibility Act requires certain types of economic operators to ensure the accessibility of selected goods and services (unlike the 2016 Directive on digital accessibility, which only applies to public sector bodies). It is currently being implemented by Member States.

Source: https://www.gov.pl/web/dostepnosc-cyfrowa/jakie-akty-prawne-dotycza-dostepnosci-cyfrowej

European Accessibility Act (EAA) – key requirements for businesses

The European Accessibility Act (EAA) introduces a number of requirements for businesses aimed at ensuring that digital products and services are fully accessible to people with disabilities. The key standard is compliance with WCAG 2.1 guidelines at AA level, but the requirements also cover other functional and organisational aspects that must be met by companies. Below are the most important ones:

1. Accessibility of websites and mobile applications

Websites and mobile applications must comply with WCAG 2.1 at AA level, which means, among other things:

• Ensuring adequate contrast between text and background so that content is easy to read for people with visual impairments.
• The ability to use the website using only a keyboard (without the need for a mouse), which is crucial for people with limited manual dexterity.
• Adapting content to assistive technologies (e.g. screen readers) to ensure full access to content for blind and visually impaired people.
• Responsiveness – websites and applications must display and function correctly on different devices (computers, smartphones, tablets).
• Clearly marked buttons, links and forms – they must be easy to identify and perform their functions in an unambiguous manner.
• Intuitive, consistent navigation and clear page layout

1. Digital content and materials

• Alternative descriptions (alt text) for every image, graphic and non-text element so that blind people can understand the content of these elements using assistive technologies.
• Subtitles and audio description for videos and other multimedia so that deaf and visually impaired people can fully enjoy these materials.
• Forms and purchasing processes
• Forms must be designed in an intuitive, understandable and fillable manner for people with different types of disabilities.
• Error messages in forms should be unambiguous and understandable, indicating to the user what needs to be corrected.
• The entire purchasing process should be accessible and possible to complete without the assistance of third parties – this means that users with disabilities should be able to go through the purchasing process independently.

1. Customer communication channels

• Contact channels such as chat, forms and helplines should be available to all users, including deaf people, who should be able to use text-based forms of communication and alternatives, particularly in terms of offers and methods of service provision (e.g. text-based chat).

1. Support for assistive technologies

• Websites and apps should be fully compatible with assistive technologies, such as screen readers, text enlargement software, text-to-speech tools, etc.

1. Regular auditing and monitoring

• Businesses are required to assess the compliance of their services/products with accessibility requirements.
• They should identify potential accessibility barriers and implement necessary improvements on an ongoing basis to maintain compliance with regulations.

In addition

The service provider is required to:

1) in the terms and conditions of service or other equivalent document, make publicly available in writing, in paper or electronic form, and in a manner accessible to persons with special needs as defined in Article 12(2), the following information:

1. a) the service offered and provided,
2. b) information necessary to use the service,
3. c) how the service meets accessibility requirements;

The full scope of the obligations of the manufacturer, distributor, importer and service provider can be found in Chapter III https://dziennikustaw.gov.pl/D2024000073101.pdf As an LBKP, we naturally help to identify and implement all requirements.

How to prepare your company for EAA implementation?

1. Conduct an accessibility audit

Identify areas for improvement, such as missing alternative descriptions or contrast issues.

2. Engage specialists

Work with accessibility experts, developers, and UX/UI designers. If you have any legal doubts about what obligations you need to fulfil, please contact us.

3. Conduct user testing

Test your solutions with people with different types of disabilities to ensure that they are truly accessible.

4. Organise training for your team

Train all employees responsible for content creation, customer service and product development.

5. Develop a long-term plan

Create a schedule for regular audits and update procedures.

Consequences of non-compliance:

Failure to comply with the EAA and the Act may result in serious penalties:

• Financial penalties – up to ten times the average monthly salary in the national economy for the previous year, as announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland ‘Monitor Polski’ on the basis of the provisions on pensions and disability pensions from the Social Insurance Fund, but not exceeding 10% of the turnover achieved in the financial year preceding the year in which the penalty was imposed, determined as at the date of the decision referred to in Article 56(1) or Article 65(1).
• Obligation to adapt a product or service – if a company does not respond to a customer complaint within 30 days, it will have to make the requested changes within 6 months.
• Possibility of withdrawing a product from the market
• Supervisory checks (Article 40 of the Act)

Summary

The European Accessibility Act is not only a legal requirement, but also an opportunity for your business to grow. Compliance with the EAA brings benefits both in terms of business development and improving your image on the market. Preparing for the EAA requires identifying areas for improvement, implementing appropriate procedures and continuously improving accessibility.

Do you need support with implementing accessibility?

Contact us.

The post European Accessibility Act (EAA) – a comprehensive guide for businesses first appeared on Kancelaria LBKP.