We found an essential mistake in the Polish official translation of the Article 27 of Digital Services Act:
1. Providers of online platforms that use recommender systems shall set out in their terms and conditions, in plain and intelligible language, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters.
Polish translation narrows the application of this article to very large online platforms (VLOPs). Indeed, during legislative works the article was previously considered to apply to VLOPs, however in the course of the negotiations it was changed and in the final, approved version of the art. Article 27 applies to all online platforms.
The mistake in the Polish translation should be corrected as soon as possible. Otherwise it may cause some stir on the Polish market (one of the biggest in the European Union), as some companies with millions of users may believe that obligations regarding the transparency of recommender system do not apply to them – while in fact they do.