SaaS Agreement in Poland: Template, Key Clauses and Local Law (2026)

What a SaaS agreement is A Software as a Service (SaaS) agreement gives a customer online access to software hosted by a provider, for a subscription fee. The customer gets a right to use the service for the term, not ownership of the software. Poland has no statute written only for SaaS. The contract is built on freedom of contract under the Civil Code, and two regulated areas shape it heavily: online service provision and personal data. ## The law that governs it The contract itself is governed by the Polish Civil Code (Kodeks cywilny) and general contract principles. A SaaS deal is usually an unnamed contract combining a licence to use with a service. For services delivered online, the Act of 18 July 2002 on providing services by electronic means (ustawa o swiadczeniu uslug droga elektroniczna) applies, including rules on terms of service (regulamin) and information duties. For personal data, the EU General Data Protection Regulation (GDPR) applies directly, together with the Polish Act of 10 May 2018 on the Protection of Personal Data (ustawa o ochronie danych osobowych). The supervisory authority is the President of the Personal Data Protection Office (UODO). Where the provider processes personal data for the customer, article 28 of the GDPR requires a data processing agreement. ## Key clauses to include ### Grant of access and users

Describe the service, the authorised users and that this is access for the term, not a sale. ### Term, renewal and fees Set the term, auto-renewal, notice to cancel, fees, payment timing and price changes. ### Service levels and support Define availability, maintenance windows, support response times and any service credits. ### Data protection Include a GDPR article 28 data processing agreement covering subject matter, security, sub-processors, international transfers and help with data subject rights. ### Security State security measures and breach notification timelines. ### Intellectual property Confirm the provider owns the software and the customer owns its data. ### Liability and warranties Set warranties, disclaimers and a liability cap. ### Data portability and exit Explain how the customer retrieves its data in a usable format and how the provider returns or deletes it after termination. ### Governing law and forum Choose Polish law and a court or arbitration seat. ## Common mistakes - Skipping the terms of service (regulamin) and information duties under the 2002 Act.

• Relying on a privacy policy instead of an article 28 data processing agreement.
• Leaving data export and deletion undefined at exit.
• Promising availability with no measurable target. ## Draft and manage it in one workspace A SaaS contract carries renewal dates, data duties and service commitments that a team must track over years. Adira is an AI legal workspace where you can draft an agreement from a structured template, see each clause flagged favourable or unfavourable to your side, edit clauses in plain language and track renewal and compliance dates in one place. Depth for non-India jurisdictions such as Poland is on the roadmap, so confirm local coverage first. You can see the approach at Adira. This article is general information, not legal advice. Check your data protection duties with a qualified Polish lawyer before you sign.