Legal Alert | NAC 2.0 - Remotely, faster and (propably) unsparing! New rules of the game from March 2026
June 20, 2025
On 12 June 2025, the so-called deregulation act (https://dziennikustaw.gov.pl/DU/2025/769) was published in the Journal of Laws, which fundamentally changes the rules of appeal proceedings before the National Appeal Chamber (so-called “KIO”). The new regulations will apply to appeal proceedings initiated on or after 13 March 2026.
What should you prepare for?
The changes can be divided into two areas: remote hearings before the KIO and new rules of evidence.
Remote hearings before the KIO – the new normal
From March 2026, hearings and sessions (pol. posiedzenia) before the KIO may be conducted remotely, provided that they are public and there are no special circumstances preventing them from being held. The Act also introduces a mechanism that allows KIO to exclude from participation in the hearing persons whose premises (e.g. noise, lack of privacy) violate the seriousness of the proceedings. Information on technical standards for software and hardware requirements for remote hearings will be provided by the President of the Public Procurement Office.
New rules of evidence – more discipline, less time
The approach to evidence is also changing – and significantly. As a rule, from March 2026, parties and participants will be required to submit evidence in their first procedural document, where possible:
- the contractor submitting the appeal must immediately attach evidence to support their claims,
- the awarding entity responds to the appeal within the time limit set by the President of KIO, also presenting evidence,
- the intervener (pol. przystępujący) must indicate in the letter of intervention both their arguments and all the evidence supporting them.
A statutory obligation to precisely identify evidence has also been introduced.
Hot commentary
The changes concerning remote hearings have been long awaited by the market. On the other hand, the new rules of evidence are already raising many questions. Will the amendment really improve (even further) the appeal proceedings, or will it prove too restrictive? We will only find out in practice.
One thing is certain: from March 2026, the bar will be set even higher. For contractors, this means even better procedural and organisational preparation, especially as short deadlines for taking a position are already a considerable challenge today.
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