The PiS bill banning crypto firms - where does this U-turn come from?
In May 2026, the Polish legislative landscape for cryptocurrencies became even more complicated. The Law and Justice party (PiS) submitted a bill to the Sejm that proposes a complete ban on the activities of cryptocurrency firms in Poland. The idea prompted a wave of comment - from political mockery by Donald Tusk and Sławomir Mentzen to serious legal doubts raised by experts and entrepreneurs working in the blockchain industry.
Significantly, only a few months earlier PiS had sharply criticised the government bill of the Civic Coalition (KO), accusing it of being excessively restrictive towards the cryptocurrency market. Now the same party is proposing a solution that goes much further - not regulation, but a ban on conducting cryptocurrency business. This abrupt policy reversal has drawn criticism even within PiS itself - Mateusz Morawiecki publicly distanced himself from the bill, stressing that he "did not sign it” and pointing to tokenisation as an unavoidable economic trend.
For entrepreneurs, investors and cryptocurrency users in Poland, this situation raises a fundamental question: is such a ban even possible to implement, and what legal consequences could result from the ongoing legislative chaos?
Why is a cryptocurrency ban incompatible with European Union law?
From a legal perspective, the PiS bill runs into a fundamental obstacle in the form of EU law. As a member state of the European Union, Poland is bound by treaties that guarantee several key freedoms of the internal market. A ban on the activities of crypto firms conflicts in particular with:
- The free movement of capital - Article 63 of the Treaty on the Functioning of the EU (TFEU) prohibits all restrictions on the movement of capital between member states.
- Freedom of establishment - Article 49 TFEU guarantees the right to set up and conduct a business throughout the Union.
- The MiCA Regulation (Markets in Crypto-Assets) - this EU legal act, in force since 2024, creates a uniform regulatory framework for the crypto-asset market across the whole Union. A member state cannot unilaterally ban an activity that is regulated at EU level.
- The principle of the primacy of EU law - in the event of a conflict between national and EU law, European Union law prevails.
In practice, this means that even if the Sejm passed the proposed act, it would almost immediately be challenged before the Court of Justice of the EU. The European Commission could initiate infringement proceedings, and Polish courts would be obliged to refuse to apply provisions contrary to EU law. The PiS bill is therefore not only politically controversial, but above all legally impossible to implement effectively.
Four bills - what really awaits the cryptocurrency market in Poland?
Regardless of the media noise around the PiS bill, the most important legislative event is Tuesday's vote in the Sejm, during which as many as four bills regulating the cryptocurrency market will be examined. Each of them proposes a different approach to this rapidly developing industry.
The government bill (KO) - restrictive regulation
The Civic Coalition bill is regarded as the most restrictive of the realistic proposals. Among other things, it would give the Polish Financial Supervision Authority (KNF) the power to block the websites of cryptocurrency exchanges. What is more, the KNF could order a bank account freeze for 96 hours, with the possibility of extending this period to as much as 6 months - significantly, without the need to obtain a court's consent. This last provision raises serious constitutional doubts concerning property rights and the protection of economic freedom.
The Confederation bill - a liberal approach based on MiCA
At the opposite end of the spectrum is the Confederation bill, which is based mainly on the implementation of the MiCA Regulation without additional national restrictions. Sławomir Mentzen, the leader of this party and a well-known supporter of cryptocurrencies, has for years consistently advocated a minimalist regulatory approach, arguing that excessive regulation will push innovative firms out of Poland.
The Polska 2050 bill and the presidential bill
The Polska 2050 bill is described as a "cosmetic” modification of the government bill - it primarily provides for lower supervision fees for the crypto-asset market, while retaining a similar regulatory structure. The presidential bill, in turn, focuses on reducing penalties for breaches of the rules compared with the original government version, which is intended to encourage entrepreneurs to operate lawfully in Poland.
What legal risks do Polish investors and crypto entrepreneurs face today?
The current legislative chaos creates real legal risks for individuals and companies operating on the Polish cryptocurrency market. Uncertainty about the final shape of the regulations means that entrepreneurs and investors must prepare for different scenarios. The key areas of risk include:
The risk of bank account freezes - if the government bill is adopted in its current form, the KNF will gain far-reaching powers to freeze the funds of entities linked to cryptocurrencies. For companies, this means the potential paralysis of day-to-day operations without prior judicial review.
The risk of losing licences and administrative penalties - the new rules may introduce a licensing requirement for entities that have so far operated in a regulatory grey area. Failure to comply with the new requirements may result in heavy financial penalties, the exact amount of which depends on the bill adopted.
Tax risk - regulatory changes may affect the rules on taxing cryptocurrency transactions, which requires a review of the existing tax strategy by both individuals and businesses.
In such a rapidly changing legal environment, ongoing monitoring of the state of legislation and proactive adjustment of the business model to upcoming requirements are crucial.
What next? Prepare for the new regulations with the help of a lawyer
Regardless of which of the four bills is ultimately adopted, one thing is certain: the cryptocurrency market in Poland faces a significant regulatory change. Both individual investors and entrepreneurs running exchanges, currency exchange offices or other services related to crypto-assets should take preparatory steps now.
A professional legal analysis will make it possible to assess how the planned rules will affect your specific situation - whether as an investor holding a cryptocurrency portfolio or as an entrepreneur considering entering the blockchain services market. Correct interpretation of the provisions of EU and national law, including the MiCA Regulation, requires specialist legal knowledge at the intersection of financial law, tax law and new technologies.
Do not wait for the final shape of the act - contact our firm today. Our lawyers specialising in crypto-asset market regulation will help you protect your interests, adapt your business to the new requirements and avoid costly legal errors. Book a consultation so that together we can develop a compliance strategy for the upcoming rules.
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