POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
6. Privacy and Advertising 6.1 Email Marketing The following main rules should be followed by adver - tisers engaging in email marketing. • Email marketing requires a legal foundation, spe - cifically the voluntary, clear, and explicit consent from the intended recipient (which may include entities, not just individuals). This consent should follow a double opt-in process to ensure that the recipient truly agrees to receive marketing emails. There should be additional confirmation of will for obtaining email marketing afterwards – eg, signing up for a subscription. • If a specific person has been identified as the addressee and their data is being used, the adver - tiser must always comply with the information obli - gation towards them resulting from data protection legislation. Depending on the chosen legal basis for data processing, additional consent may be required under the GDPR. • The recipient of email marketing must be given the opportunity to easily unsubscribe from receiving marketing messages at any time. If these rules are violated, the advertiser may be held liable based on data privacy regulations, telecommu - nications law, regulations governing the provision of services by electronic means or the UCL. In addition to civil and administrative sanctions, there is also a criminal liability for sending unsolicited commercial communications. 6.2 Telemarketing The following main rules shall be followed by advertis - ers with respect to telemarketing. • There must be a legal basis to perform telemar - keting, such as the voluntary, specific, conscious and unequivocal consent for telemarketing of the specific addressee (not only a natural person) with whom the advertiser is in contact. In practice, they should be called first to gain consent for telemar - keting, and then called again to provide a market - ing message. • If a specific person has been identified as the addressee and their data is being used, the adver -
tiser must always comply with the information obli - gation towards them resulting from data protection legislation. Depending on the chosen legal basis for data processing, additional consent may be required under GDPR. • The recipient of telemarketing must be allowed to easily opt out of receiving further marketing calls at any time. In cases of rule violation, the advertiser may be held liable under data privacy regulations, telecommunica - tions law, or the UCL. The advertiser may be subject to administrative fines for performing telemarketing without obtaining the required consent from recipi - ents. 6.3 Text Messaging The following main rules shall be followed by advertis - ers with respect to text messaging. • There must be a legal basis for the use of text mes - saging for marketing purposes, such as the volun - tary, specific, conscious and unequivocal consent for text messaging of the specific addressee (not only a natural person) to whom the text messaging is directed (double opt-in requirement). In practice, there should be additional confirmation of intent for receiving subsequent marketing text messages, such as signing up for a subscription. • If a specific person has been identified as the addressee and their data is being used, the adver - tiser must always comply with the information obli - gation towards them resulting from data protection legislation. Depending on the chosen legal basis for data processing, additional consent may be required under GDPR regulations. • The recipient of text messaging must be allowed to easily resign from receiving marketing text mes - sages at any time. If these rules are violated, the advertiser may be held liable under data privacy regulations, telecommuni - cations law, regulations governing the provision of services by electronic means, or the UCL. In addition to civil and administrative sanctions, there is also a criminal liability for sending unsolicited commercial communications.
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