There are two issues worth discussing regarding privilege in Poland.

First, as of 1 January 2025, the Polish Ministry of Digital Affairs has introduced a new Electronic Delivery System. Currently, all advocates and attorneys-at-law are required to maintain a designated address for the electronic delivery of documents. In the coming years, the system will mandate that courts, advocates and attorneys-at-law transmit documents and pleadings — enumerated in the procedural codes — exclusively through this platform. These changes are expected to take effect in 2029.

At present, the bar councils, the Ministry of Justice and the Ministry of Digital Affairs are engaged in discussions concerning the forthcoming changes and potential risks. One of the key areas of focus is legal privilege. The aforementioned bodies are working on internal regulations aimed at enhancing the cybersecurity framework of the system.

Second, the Polish Bar Council is actively lobbying for the strengthening of privilege-related provisions. Specifically, it seeks to ensure that advocates and attorneys-at-law may refuse to testify regarding any information obtained in the course of their professional engagement with clients. The Polish Bar Council has reported instances in which attempts were made to compel advocates to provide a testimony on matters protected by privilege. These cases specifically involved criminal proceedings, in which attorney-client privilege is afforded heightened protection. Namely, prosecutors sought to interrogate defense advocates about matters they had learned while acting as defense counsel for the accused, claiming that the statutory conditions for lifting legal professional privilege were met.

In response, the Polish Bar Council has issued guidelines advising advocates on how to proceed in such situations. These include (i) promptly notifying the Polish Bar Council and (ii) attending hearings or interrogations accompanied by another advocate, who can help ensure that the advocate's rights and the principle of privilege are upheld.

Moreover, the Polish Bar Council has submitted a legislative proposal to the Parliament and the Council of Ministers, seeking to amend the relevant laws accordingly.