robotics - legal aspects of new technologies

The Data Act became applicable on 12 September 2025. What do businesses need to pay attention to under this new EU-wide regulation?

Nature and purpose of the Data Act

The Data Act—Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)—is an EU regulation, and as such applies directly in Poland and all other EU member states. At the national level the Data Act will be supplemented by local regulations, but these will essentially govern only procedural issues (e.g. infringement proceedings), not substantive issues. In other words, substantively the Data Act will govern across the entire EU.

Recently the Kraków branch of the General Directorate of National Roads and Motorways (GDDKiA) held social consultations on issuance of a permit to conduct research in the form of a test drive of an autonomous car. Such consultations are required under Art. 65l of the Road Traffic Law of 20 June 1997.

According to an announcement from GDDKiA, the aim of the test drive is to study certain aspects of operating an autonomous car under actual traffic conditions (not artificial conditions). The tested car previously underwent a range of simulations, but now must be tested in road conditions.

Protection of possession of real estate against drones as a form of necessary defence is permissible only under exceptional circum­stances.