News

LEGISLATOR LAUNCHES FINANCIAL SANCTIONS

The changes came into force on 25 December 2014 

NOTE: In the event of non-fulfilment of the obligation to obtain the prior consent of the subscriber or end-user to direct to him information with a direct marketing purposes, the President of Electronic Communication Office may impose on the company a fine of up to 3% of the fined entity?s revenue  achieved in the previous calendar year (Art. 210 ust. 1 ustawy Prawo telekomunikacyjne).). Amendments to Prawo telekomunikacyjne wprowadza ustawa z 30 maja 2014 r. o prawach konsumenta (Dz.U. 2014 r. poz. 827). A significant change of the content of Art. 172 ust. 1 w Ustawa Prawo telekomunikacyjne. The new wording of the provision indicates that it is forbidden to use final telecommunications equipment and automatic calling systems for direct marketing purposes, unless the subscriber or end user has previously given his consent. In practice, this means that in order to be able to perform to your potential customers telephone marketing calls, but also to  send to potential customers SMSes, MMSes or marketing emails, the  prior agreement from the recipient to which marketing message is directed will be necessary. It should be remembered that even the earlier law on electronic services required to have the prior consent of the natural person designated to send commercial information by means of electronic communication, in particular by using e-mail. But what is important, the recipient of according to amended  Telecommunications Law is a subscriber or end-user, so not only an individual, but any other entity to which the marketing message is directed, as a company, ie for example companies, organizations and others.


IMPORTANT DATES

The changes came into force on 01.01.2015

NOTE: 30 June 2015 is a deadline for a submitting to GIODO a Data Protection Administrator.

The change in the Act on Protection of Personal Data. The amendment was introduced by Ustawa z dnia 7 listopada 2014 r. o ułatwieniu wykonywania działalności gospodarczej (Dz.U. 2014 r. poz. 1662). The amendments relate to the function of Data Protection Administrator), the obligation to register personal data files at GIODO, and transfer of personal data to third countries. In practice, this means that GIODO will conduct open register of Data Protection Administrators. The existing Data Protection Administrator can fulfil his function until his application is submitted to the Data Protection Administrator registry, conducted by GIODO, which should take place no later than 30 June 2015. The act set forth specific obligations of  Data Protection Administrator. The obligation to register in GIODO will not apply to ordinary data files processed solely in paper form. The obligation to register in GIODO will not apply to ordinary data files processed by the Data Controllers, who will appoint the Data Protection Administrator in accordance with the new requirements and will notify the Data Protection Administrator to register in GIODO. Data Protection Administrator appointment will be optional. In the case of not appointing  Data Controller, the tasks of the Personal Data Administrator will include, among others, ensuring compliance with regulations on the protection of personal data in accordance with the guidelines of the law on personal data protection with the regulations.