PROJEKT REGULACJI W ZAKRESIE DOSTAWCY WYSOKIEGO RYZYKA
REGULATION PROJECT FOR HIGH RISK SUPPLIERS

Summary/Abstract: The subject of the article is the introduction into the Polish legal system of cybersecurityregulations regarding infrastructure providers for the provision of 5G technology services.In particular, the implementation of the recommendations from the report prepared by theNetwork and Information System Cooperation Group entitled Cybersecurity of 5G networksEU Toolbox of risk mitigating measures (“5G Toolbox”). Following the recommendations ofthe European Commission, Poland has undertaken work to introduce regulations that wouldimplement the provisions of the 5G Toolbox regarding high-risk suppliers. An amendment tothe Act on the National Cybersecurity System of July 3, 2023 (“Draft”) has been prepared, whichincludes recommendations from the 5G Toolbox. The article will carry out an analysis in orderto answer the question whether the provisions of the Draft regarding proceedings in the caseof the so-called high-risk suppliers are consistent with the Constitution and basic proceduralprinciples, and in particular whether legal guarantees have been provided for participants inthe proceedings regarding high-risk suppliers. The research hypothesis is that not all proposedregulations in this area meet the previously indicated requirements. The analysis will take intoaccount the proposed regulations regarding: proceedings regarding the recognition of a supplieras a high-risk supplier; application of the provisions of the Code of Administrative Procedure inthese proceedings and the content of issued decisions and remedies. Mainly the dogmatic-legalmethod, as well as the theoretical-legal method, will be used.

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