Yes, web scraping is legal in Poland under specific conditions, but strict compliance with EU and national data protection laws is required. Polish courts and the Personal Data Protection Office (PUODO) enforce GDPR and the Polish Act on Personal Data Protection, mandating explicit consent for scraping personal data. Commercial scraping without authorization may violate copyright or unfair competition laws, as outlined in the Polish Act on Combating Unfair Competition (Ustawa o zwalczaniu nieuczciwej konkurencji).
Key Regulations for Web Scraping in Poland
- GDPR Compliance: Scraping personal data (e.g., names, emails) without a lawful basis (Article 6 GDPR) risks fines up to €20 million or 4% of global turnover. PUODO actively monitors violations, as seen in its 2024 enforcement against unauthorized data harvesting.
- Copyright Law: The Polish Act on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych) prohibits scraping protected content without permission, particularly for commercial use. Courts have ruled against scrapers replicating databases (e.g., SA Warszawie 2023 ruling).
- Unfair Competition: Under the Unfair Competition Act, automated scraping that disrupts services or misappropriates trade secrets may trigger liability. The Act’s Article 11 explicitly targets “data scraping for competitive advantage.”
Additional considerations include the Polish Civil Code (e.g., tort liability for damages) and sector-specific rules (e.g., telecoms or financial data). Businesses must conduct a Data Protection Impact Assessment (DPIA) for large-scale scraping projects. Recent 2026 EU proposals on AI and data governance may further tighten rules, requiring proactive compliance strategies.