On 10 February 2025, a revised draft bill on artificial intelligence systems was published, aimed at implementing the EU AI Act in Poland. This is the second version of the draft, incorporating a series of changes based on feedback received during public consultations.

One of the key tenets of the new draft is to change the approach to conducting inspections. Oversight of AI systems is now to be carried out mainly remotely. On-site inspections at company headquarters will only be possible in exceptional cases, such as potential risks to life, health, or public safety. The new draft also removes a controversial provision that allowed the Commission for the Development and Security of Artificial Intelligence (KRiBSI) to seize the correspondence, documents and devices of an inspected entity for up to seven days.

The new version of the bill also introduces changes to the composition of KRiBSI itself, which is to act as the market surveillance authority. Compared to the original version of the draft, the number of members of the Commission was reduced from 16 to seven, and representatives of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products and the National Labour Inspectorate (PIP) were included. However, representatives of the Ministry of Digital Affairs, the President of the Personal Data Protection Office (UODO) and the Ombudsman have been removed. An important change is also the reduction of the maximum duration of control proceedings against an entity from 12 to 6 months

The new draft also clarifies the institution of individual opinions, previously referred to as “interpretations” in the earlier version. The revised provisions provide more detailed guidelines on their issuance and legal effects, aligning them more closely with EU regulations. The possibility of obtaining an individual opinion will be a key tool for entrepreneurs. It will allow entities that plan to use or create AI solutions to confirm their compliance with the AI Act even before they are implemented or brought to market.

Additionally, the new draft introduces an extraordinary sanction mitigation mechanism, designed to encourage entities to promptly correct violations. Upon request, the Commission may issue a decision allowing for a settlement, which could, in certain cases, lead to the waiver of administrative penalties—provided the company implements corrective measures and eliminates the consequences of the violation.

Another important innovation is the introduction of a chapter on ‘regulatory sandboxes’, i.e. test environments where entrepreneurs can experiment with new AI technologies under relaxed regulatory requirements. The minister responsible for IT will also be given the possibility to provide financial support for research and development of AI systems from both the state budget and the EU budget.

Comparing the two drafts, the latest version reflects a shift towards greater flexibility in AI oversight and the introduction of mechanisms to support innovation. It incorporates some of the demands from entrepreneurs, such as limiting KRiBSI’s oversight powers and allowing for penalty reductions. However, there are still aspects that require further clarification to ensure regulations remain effective without stifling technological development.

Currently, the draft is undergoing another round of consultations, which will be crucial in shaping the final version of the regulations. As the proposed law is expected to have a significant impact on Poland’s IT market, it is essential to monitor its progress and analyze the potential consequences for business strategies.