Huawei: New KSC Project Violates International Trade Agreements and Regulations

"The new draft amendment to the Act on the National Cybersecurity System (KSC), despite numerous comments from the market, remains highly discriminatory against Huawei," said Ryszard Hordyński, director of communications and strategy at Huawei Polska.. Although the name of the company is not mentioned in the document, the biased and non-transparent criteria were constructed in such a way that the regulations would only apply to one of the 3 suppliers of 4G and 5G networks in Poland, he added.

"The long-awaited, yet another draft amendment to the act on the national cybersecurity system has just been presented. It maintains the discretionary nature of the selection of suppliers for the construction of the 5G network. The act indicates the need to verify them, but does not say how to certify and what tools to use. it is to take actions that will be politically convenient, but do not achieve the basic goal, which is to ensure maximum protection in the field of cybersecurity. industry organizations," said Hordyński.

According to the representative of Huawei, the proposed provisions constitute clear discrimination, violating international trade agreements and regulations regarding the freedom to conduct business.

"It is worth adding that the act focuses on the supplier and not on its individual products, as is the case in the regulations adopted by many EU countries, including Germany and Finland. Meanwhile, Huawei has a lot to offer Poland not only in telecommunications, but also in other critical areas, such as green energy - a segment in which we are a leader. We also have comprehensive solutions for the construction of electric and autonomous cars," pointed out Hordyński.

He added that in the current draft, the legislator once again failed to take into account numerous postulates submitted during consultations by entrepreneurs who would be affected by the act. Thus, the legislator is pushing for a solution with which many, or even most, entities on the Polish market do not agree.

"The law in this form will cause a lot of ambiguity and will certainly lead to disputes or difficulties, for example with regard to the 5G frequency auction. We may face another significant delay, which will translate into the long-term development of the Polish economy, which has been waiting for a long time for support in the form of the network 5G. This proposal will destabilize the market, introduce uncertainty, limit competition and ultimately increase costs. The lack of clear determinants introduces unnecessary uncertainty for telecommunications operators who lack a reliable document on the basis of which they could make informed business decisions," assessed Hordyński.

In his opinion, the new draft law on the KSC is an example of introducing unprecedented solutions that do not correspond to EU law and, in his opinion, discriminatory provisions may worsen Poland's image on the international arena. What's more, Huawei announces that it is ready to fight for the right to offer its 5G solutions even in the Court of Justice of the European Union - these words were said while considering the decision to exclude Huawei and ZTE from the Swedish market by the local court of second instance.

The interpretation of the Court of Justice may in the future influence the construction of new legal rules prepared on many European markets, including Poland.

Source: Huawei and ISBnews