Crossing the line from regulation to discrimination: The draft Polish National Cybersecurity Act as a protectionist step in the 5G race

On 7 September 2020, the Polish Minister for Digitization presented a draft amendment to the Act on the National Cybersecurity System [“Polish National Cybersecurity Act”]. Apart from a series of amendments related to cybersecurity issues, the newly introduced Draft Article 66a sets out new regulations applicable in the Polish telecommunications market.
The new Draft Article 66a imposes an unjustified and unlawful discrimination on the basis of origin, while it limits the trade of telecommunications hardware or software. As a result, the Draft Article is in stark violation of the principles enshrined in both EU and WTO law. Notably, the new regulation cannot be justified under the guise of public or national security concerns.

The full text, written by Edwin Vermulst & Antigoni Matthaiou, can be read here.

This entry was posted on 03 May 2022 by Jan Dorpmans.