Sharing Offense (Art. 6, Sections 1-2 and Art. 7, Sections 1-2 of the Act on the Protection of Certain Services Provided Electronically Based on Conditional Access or Dependency)
(Art. 6, Sections 1-2 and Art. 7, Sections 1-2 of the Act on the Protection of Certain Services Provided Electronically)
In the era of digitization and widespread access to online services, the phenomenon of sharing – providing access to paid content and services to third parties – is increasingly common. Although this practice may seem innocent, in many cases it violates the law and can lead to serious legal consequences.
In Polish law, sharing is regulated by the Act on the Protection of Certain Services Provided Electronically, specifically by Art. 6, Sections 1-2 and Art. 7, Sections 1-2, which define criminal liability for the illegal sharing of protected content.
What is the crime of sharing?
Sharing refers to the practice of providing third parties access to paid digital services without the service provider’s consent. This may include:
- Sharing login credentials and passwords to streaming platforms (e.g., Netflix, HBO Max, Disney+, Spotify)
- Selling access to premium accounts on digital services (e.g., online courses, newspapers, databases)
- Sharing license keys for paid software and video games
- Illegally distributing access codes to subscriptions
In practice, this means that if someone buys a single account and shares it with others, they are violating the licensing terms and the law.
Legal Provisions Regarding Sharing
Art. 6, Sections 1-2 of the Act on the Protection of Certain Services Provided Electronically
- Art. 6, Section 1 – Anyone who, without the service provider’s consent, shares identification means enabling the use of electronic services with third parties is subject to a fine, restriction of liberty, or imprisonment for up to 3 years.
- Art. 6, Section 2 – The same penalties apply to anyone who illegally gains access to paid electronic services for financial gain.
Art. 7, Sections 1-2 – Illegal Selling of Access
- Art. 7, Section 1 – Anyone who, for financial gain, sells or shares access to electronic services with third parties is subject to imprisonment for 3 months to 5 years.
- Art. 7, Section 2 – Anyone who acts as an intermediary in the illegal sharing of access, such as selling accounts or access keys, is also subject to the same penalty.
Is sharing always illegal?
Not all forms of sharing constitute a crime. Many service providers allow account sharing under certain conditions, such as:
- Family Plans – Platforms like Spotify, YouTube Premium, or Apple Music allow sharing subscriptions within the same family.
- Multi-user Profiles – Streaming platforms like Netflix allow creating several profiles, but only if users reside in the same household.
However, sharing accounts outside the provider’s terms (e.g., selling accounts on Allegro or Telegram) constitutes a breach of the license agreement and can result in legal consequences.
Consequences of Sharing – What are the Penalties for Illegal Account Sharing?
Those who commit the crime of sharing may face serious consequences:
- Fine or restriction of liberty – For sharing paid content with third parties without the service provider’s consent.
- Up to 5 years imprisonment – If the offender gains financial benefits from illegal account sharing.
- Account blocking and loss of service access – Most platforms have systems that detect suspicious logins and automatically block accounts violating terms.
- Civil liability – The service provider may seek compensation for any financial losses incurred.
How to Avoid Legal Violations?
To legally use digital services, it’s essential to follow these guidelines:
- Check the provider’s terms – Ensure you understand the conditions for account sharing.
- Do not share your login and password with anyone outside your household.
- Use legal subscriptions – If you want to save money, choose legal family or group subscription plans.
- Avoid purchasing accounts from unknown sources – Trading premium accounts often involves fraud and risks losing access.
Summary
The crime of sharing is a serious legal issue that involves the illegal distribution of access to paid digital services. According to Art. 6 and 7 of the Act on the Protection of Certain Services Provided Electronically, individuals who illegally share their accounts or sell access to subscriptions can face legal consequences, including imprisonment for up to 5 years.
To avoid problems, it’s always best to use legal options for sharing accounts and adhere to the terms of service for the platforms you use.
Status as of: May 5, 2022
Cyberlaw by Judyta 