Poland is an attractive market for US technology companies. American businesses increasingly look for software developers, IT specialists, AI experts, cybersecurity professionals and product development teams in Poland. Sometimes the goal is to hire one person. In other cases, it is to build a larger technology team.
From a business perspective, the process may seem straightforward: find the right person, sign an agreement and start working together. From a legal perspective, however, it is worth checking several key issues first. A cooperation model that works in the United States may not work in exactly the same way in Poland.
Which Cooperation Model Should a US Company Choose?
A US company may work with people or teams in Poland in several ways. It may hire an employee, enter into a B2B agreement with an individual contractor, use an Employer of Record, or cooperate with a Polish software house.
Each of these models has different legal and practical consequences. The choice affects not only costs and work organization, but also liability, termination rights, ownership of code, confidentiality, and access to data and systems.
B2B in Poland Is Not Always the Same as an Independent Contractor in the US
US companies are usually familiar with the independent contractor model. In Poland, a similar function may be performed by a B2B relationship, meaning an agreement with an individual conducting business activity. However, it should not be assumed that these two models are identical.
In Poland, what matters is how the cooperation works in practice. Under Article 22 § 1 of the Polish Labour Code, an employment relationship involves performing work for an employer, under the employer’s direction, at a place and time designated by the employer, in return for remuneration.
Therefore, if a B2B contractor in Poland effectively works like an employee for example, has fixed working hours, is subject to ongoing supervision and is integrated into the company’s structure there may be a risk that the model is challenged.
This does not mean that B2B is a bad solution. It means that the relationship should be properly structured both in the agreement and in day-to-day cooperation.
Who Owns the Code?
For a technology company, this is one of the most important questions. Simply paying a developer or a software house is not always enough to secure full rights to the code.
Under Polish law, the transfer of economic copyrights requires a properly drafted agreement. The Polish Act on Copyright and Related Rights is particularly important in this respect. The agreement should clearly specify which rights are transferred, which materials they cover and in which fields of exploitation.
Issues related to code ownership often become visible only later when a developer leaves, a dispute arises with a contractor, the company goes through due diligence, or an investor starts asking questions. For this reason, it is better to organize these matters at the beginning of the cooperation.
What Should Be Checked Before Signing an Agreement?
Before starting cooperation with a person or team in Poland, a US company should check:
- Whether the selected model is employment, B2B, Employer of Record or cooperation with a software house.
- Whether the B2B relationship could in practice resemble an employment relationship.
- Whether the agreement effectively transfers rights to the code.
- Whether the company controls access to repositories and documentation.
- Whether the agreement regulates confidentiality and prohibits misuse of know-how.
- What happens to the code and access rights after the cooperation ends.
- Whether the Polish team will have access to customer or user data.
As a next step, the company should also review personal data issues, data transfers to the US, AI and cybersecurity.
Summary
Hiring a software developer or starting cooperation with a Polish IT team can be a very good business move for a US company. However, Polish and European legal realities differ from American ones and may require proper implementation and adjustment.
In the next article, we will discuss regulatory risks that may arise when a Polish team has access to personal data, uses AI tools or works on a technology product sold to customers in the European Union. In such cases, GDPR, the AI Act, NIS2 and DORA may become relevant.
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