POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
6.4 Targeted/Interest-Based Advertising When processing consumers’ personal data, “obliged entities” (such as advertisers targeting entities or social media providers, data administrators or co- administrators) must follow the GDPR regulations, with the information obligation being one of the most important. Under this obligation, the data administra - tor (which may also be an advertiser) provides precise information about the purposes for which data is pro - cessed. This means that obliged entities must pro - vide consumers with information that their data will be processed for the purpose of targeting or retargeting marketing content intended for them. This concerns data that has been acquired, observed, or inferred. Another requirement arising from the GDPR regula - tions is that obliged entities must have a legal basis for their actions. The legal basis for processing per - sonal data may vary depending on the circumstances. It could be based on consumer consent, which can be revoked at any time – especially in cases involv - ing data profiling. Alternatively, it may stem from the legitimate interests of the data administrator, in which case consumers have the right to object at any time. When establishing the terms of reference for individ - ual measures (eg, for targeted advertising in the EU), guidelines published by the European Data Protection Board may be helpful (www.edpb.europa.eu). 6.5 Marketing to Children The collection or use of personal information from children comes under the special protection of the GDPR and Digital Services Act regulations, with the following stipulations: • as a rule, children below 13 years cannot give con - sent to data processing – the consent must come from the child’s parent/legal guardian; • children between 13 and 18 years may give con - sent to data processing but it must be confirmed by the child’s parent/legal guardian; • children above 16 years may give their effective consent (without confirmation from their parent/ legal guardian) to data processing, but only if the consent relates to information services offered directly to the child;
• automated processing of data, including profiling, may not involve children; and • when the processing involves a child, all informa - tion and messages should be formulated in clear and simple language that the child can easily understand. Civil, administrative, and criminal liabilities are pro - vided for violating obligations regarding the process - ing of children’s data, including high financial penalties imposed by the data protection authority. 6.6 Other Rules For the proper conduct of marketing activities in Poland through the internet, an advertiser needs to comply not only with the GDPR, but also with regu - lations concerning telecommunications law and the provision of electronic services, which are intertwined and sometimes create independent obligations on the part of the advertiser. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests In Poland, sweepstakes and contests are subject to different legal ramifications; however, they have in common that the organisation’s rules must be clearly stated in the organiser’s terms and conditions. These must be accepted by every participant and are subject to a legal assessment, for example, regarding con - sumer protection. 7.2 Contests of Skill and Games of Chance In Poland, contests of skill are a different activity from games of chance. “Contest” is not defined precisely in Polish law, but it is treated as a type of “public prom - ise” in the meaning of the Polish Civil Code. It is less formalised than games of chance. In turn, games of chance are subject to the Polish Gambling Act and are distinguished from contests in that the outcome depends, in particular, on the odds, which means that a game of chance always includes an element of randomness that a contest cannot contain. Moreover, in games of chance, the organ - iser must provide the person supervising the game of
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