A Romanian SaaS company expands into Poland, signs its first enterprise client in Warsaw, and only then discovers that its core trademark was never registered in the European Union. A competitor files an identical mark with the Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland, UPRP) within weeks. The window to challenge is narrow. The cost of recovery far exceeds the cost of prevention.
Romanian tech companies entering the Polish market face a specific set of IP risks: unregistered trademarks, unassigned software copyright, and exposure under the EU AI Act and GDPR enforced by Polish authorities. The Patent Office of the Republic of Poland (UPRP) and the Personal Data Protection Office (UODO) both have active enforcement mandates. Acting before market entry – not after the first contract – is the only reliable protection strategy.
This alert covers three immediate action areas: trademark and copyright registration, AI Act and DORA compliance obligations, and GDPR enforcement exposure specific to the Polish market. Each section identifies the threshold that triggers the obligation and the deadline that, once missed, forfeits protection.
What has changed for Romanian tech companies operating in Poland?
The regulatory environment shifted materially in 2024 and 2025. The EU AI Act entered into force in August 2024, with the first obligations applying from February 2025. DORA compliance became mandatory for financial-sector technology providers from January 2025. These are not future risks. They apply now to any Romanian company providing software, AI-driven tools, or digital services to Polish clients.
Three changes deserve immediate attention. First, the UPRP processes EU trademark extensions under the European Union Intellectual Property Office (EUIPO) framework, but national filings remain a separate and faster route for Poland-specific protection. A national filing at the UPRP costs approximately PLN 550 for one class and takes three to four months to register. An EUIPO filing covering all EU member states costs EUR 850 for one class but takes six to nine months. Romanian companies often assume EU-wide registration is automatic. It is not.
Second, Polish courts have clarified that software copyright vests in the individual developer unless a written employment or service agreement explicitly assigns it to the company. This matters acutely for Romanian tech firms that use freelance developers or early-stage contractors without formal IP assignment clauses. A contract signed in Bucharest but governed by Polish law – which is common when the client is Polish – will be interpreted under Polish copyright rules.
Third, the Urząd Ochrony Danych Osobowych (Personal Data Protection Office, UODO) issued fines exceeding PLN 4m in 2024 alone. Romanian companies processing Polish users' data are subject to UODO jurisdiction regardless of where the company is incorporated. The GDPR Poland enforcement trend shows increasing scrutiny of cross-border data processors with no local representative.
Who is affected and what are the thresholds?
Not every Romanian tech company faces the same risk profile. Threshold matters. A company providing AI-enabled tools to Polish enterprises above 50 employees triggers AI Act obligations as a provider of high-risk AI systems under Annex III. A fintech or insurtech company serving Polish regulated entities triggers DORA requirements if it qualifies as a critical ICT third-party provider – a designation made by the European Supervisory Authorities, not self-assessed.
For trademark exposure, the threshold is simpler: any commercial use of a brand name or logo in Poland without registration creates a vulnerability. Polish unfair competition law provides some residual protection for unregistered marks, but only where prior use in Poland can be demonstrated. A Romanian company entering the market for the first time cannot rely on this. Registration is the only reliable route.
We secured trademark protection and full IP assignment documentation for a Romanian software company expanding into the Mazowieckie region (autumn 2025). The engagement began after a competitor had already filed a confusingly similar mark – but before the opposition deadline of three months from publication. Early action preserved the client's brand.
For GDPR compliance, the threshold is any processing of personal data belonging to Polish data subjects. This includes website analytics, CRM records, and employee data for locally hired staff. Romanian companies with Polish clients and no Data Processing Agreements (DPAs) in place are exposed to UODO enforcement from day one of processing. The relevant guidance on cross-border data flows is set out in our analysis of data transfer from Poland to Cyprus legal mechanisms, which applies equally to Romania-Poland flows.
Employment-related IP risk is a separate category. Developers hired locally in Poland are covered by Polish labour law. Under Polish employment legislation, copyright in software created by an employee vests in the employer only if the employment contract explicitly states this. Without that clause, the developer retains rights. Our detailed review of employment law compliance for Romania companies in Poland addresses the full scope of local hiring obligations.
What action must Romanian tech companies take now?
Three actions carry hard deadlines. Missing any one of them forfeits protection that cannot be recovered retroactively.
- Trademark filing: File at EUIPO or UPRP before commercial launch in Poland. Opposition windows run 90 days from publication. A competitor filing during your market entry phase is the single most common and most avoidable IP loss.
- IP assignment audit: Review all developer contracts – employment agreements and service contracts – for explicit copyright assignment clauses. Polish law requires written assignment. Verbal agreements are unenforceable for copyright transfer.
- GDPR readiness: Appoint a Data Protection Representative in the EU if you have no Polish establishment, execute DPAs with all Polish data processors, and review your privacy notices for UODO compliance. The UODO enforcement trend is documented in our report on GDPR fines in Poland: UODO enforcement trends.
Two further actions apply specifically to AI and financial technology providers. Under the AI Act, providers of high-risk AI systems must register their systems in the EU database before placing them on the Polish market. The registration obligation applies from August 2026 for most high-risk categories. However, technical documentation and conformity assessments must be prepared in advance – a process that takes three to six months minimum. Starting now is not early. It is on time.
For DORA compliance, Romanian ICT providers serving Polish financial institutions must have contractual arrangements in place that meet the regulatory technical standards published by the European Banking Authority. Polish financial institutions are required by the Komisja Nadzoru Finansowego (Polish Financial Supervision Authority, KNF) to audit their ICT third-party providers. If your contracts do not meet DORA standards, Polish clients will terminate or renegotiate. The pressure comes from the client side, not only from regulators.
We assisted a Romanian AI analytics company in preparing full AI Act technical documentation and DORA-compliant service agreements for three Polish banking clients in the Silesia region (winter 2025–2026). The engagement prevented contract termination and secured a 24-month framework agreement.
What to prepare before engaging Polish counsel:
- List of all trademarks, logos, and product names used commercially in Poland
- Copies of all developer contracts (employment and B2B) with IP clauses highlighted
- Data flow map showing all Polish personal data processed and storage locations
- Description of any AI systems provided to Polish clients, with risk classification
- Existing contractual arrangements with Polish financial-sector clients
The specific situation of your company determines which of these actions is most urgent. A trademark filing can be completed in days. An AI Act conformity assessment cannot. Prioritisation requires a legal review, not a checklist.
For a tailored IP and compliance strategy for your Polish market entry, contact info@kordeckipartners.com.
Frequently asked questions
Q: Does a Romanian trademark registration protect a brand in Poland?
A: A Romanian national trademark does not provide protection in Poland. Protection in Poland requires either a national filing with the Patent Office of the Republic of Poland or an EU trademark registered with the European Union Intellectual Property Office. An EU trademark covers all member states including both Romania and Poland, but must be actively filed and maintained.
Q: How long does trademark registration at the UPRP take, and what does it cost?
A: A national trademark application at the Patent Office of the Republic of Poland typically takes three to four months from filing to registration, assuming no oppositions are filed. The official fee is approximately PLN 550 for one class of goods or services. Opposition proceedings, if initiated by a third party, can extend the timeline by six to twelve months.
Q: Is GDPR compliance in Poland different from compliance in Romania?
A: The GDPR regulation is uniform across the EU, but enforcement practice differs between national supervisory authorities. The Personal Data Protection Office in Poland has issued some of the largest fines in Central Europe and applies particular scrutiny to cross-border data processors without a local representative. Romanian companies should not assume that compliance with Romanian supervisory authority guidance is sufficient for Polish operations.
KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to IP protection, AI Act compliance, DORA readiness, and GDPR enforcement defence. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.