Data Protection in Poland

Online privacy in Poland

EU regulation

Regulations under Electronic Communications bill concerning online privacy remain unchanged. The Electronic Communications Act regulates the collection of transmission and location data and the use of cookies (and similar technologies).

Transmission data

The processing of transmission data (understood as data processed for the purpose of transferring messages within telecommunications networks or charging payments for telecommunications services, including location data, which should be understood as any data processed in a telecommunications network or as a part of telecommunications services indicating the geographic location of the terminal equipment of a user of publicly available telecommunications services) for marketing telecommunications services or for providing value-added services is permitted if the user (i.e. subscriber or end user) gives his or her consent.

The provider of electronic communication services shall be obliged to inform the end-user or subscriber in particular of:

  • the scope and purpose of the processing of transmission data and other data concerning them;
  • the possibilities of influencing the scope of this processing;
  • the type of transmission data that will be processed and the duration of such processing for the purposes of marketing electronic communication services or the provision of value-added services.

Location data

In order to use data about location (understood as location data beyond the data necessary for message transmission or billing), a provider of publicly available telecommunications services has to:

  • Obtain the consent of the user to process data about location concerning this user, which may be withdrawn for a given period or in relation to a given call; or
  • Anonymize this data.

A provider of electronic communication services is obliged to inform the user, prior to receiving its consent, about the type of data about location which is to be processed, about the purpose and time limits of the processing, and whether this data is to be passed on to another entity in order to provide a value-added service.

Processing data about location may only be performed by entities that:

  • Are authorized by a provider of electronic communication services;
  • Provide a value-added service.

Data about location may be processed only for purposes necessary to provide value-added services and other purposes indicated in the Act.

Cookies

According to the art. 399 of the Electronic Communications Act the use and storage of cookies and similar technologies is only allowed on the condition that:

  • The subscriber or the end user is directly informed in advance in an unambiguous, simple and understandable manner about:
    • The purpose of storing and the manner of gaining access to this information;
    • The possibility to define the condition of the storing or the gaining of access to this information by using settings of the software installed on his or her telecommunications terminal equipment or service configuration;
  • The subscriber or end user, having obtained the information referred to above, gives his / her consent; and
  • The stored information or the gaining of access to this information does not cause changes in the configuration of the subscriber's or end user's telecommunications terminal equipment or in the software installed on this equipment (the end user may grant consent by using the settings of the software installed in the final telecommunications device that he / she uses or by the service configuration).

The consent of the subscriber or end user is not required if storage or gaining access to cookies is necessary for:

  • Transmitting a message using a public telecommunications network;
  • Delivering a service rendered electronically, as required by the subscriber or the end user.

Entities providing telecommunications services or services by electronic means may install software on the subscriber’s or end user’s terminal equipment intended for using these services or use this software, provided that the subscriber or end user:

  • Is directly informed, before the installation of the software, in an unambiguous, simple and understandable manner, about the purpose of installing this software and about the manner in which the service provider uses this software;
  • Is directly informed, in an unambiguous, simple and understandable manner, about the manner in which the software may be removed from the end user’s or subscriber’s terminal equipment;
  • Gives its consent to the installation and use of the software prior to its installation.

According to the art. 400 of the Electronic Communications Act, the consent of the subscriber or the end user must comply with the GDPR requirements as regards the format.

Enforcement and sanctions

A company that processes transmission data contrary to the Telecommunications Act or fails to meet obligations to obtain consent to process data about location or to store and to gain access to cookies may be subject to a fine of up to 3% of the company’s revenues for the previous calendar year. The fine is imposed by the President of the OEC. In addition, the President of the OEC may impose a fine on a person holding a managerial position in the company (such as a member of the management board) of up to 300% of his or her monthly remuneration.


Poland regulation

Failing to meet the obligations to obtain consent to direct marketing by means of telecommunications devices and automated calling systems may be subject to a fine of up to 3% of the revenues of the fined company for the previous calendar year or up to PLN 1,000,000. When imposing the sanction, the higher amount is applied. The fine is imposed by the President of the Office of Electronic Communication (hereinafter referred to as the President of the OEC). In addition, the President of the OEC may impose a fine on a person holding a managerial position in the company (such as a member of the management board) of up to 300% of his or her monthly remuneration.

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