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Poland – Ministry of Infrastructure

According to the Law of 18 July 2002, which implements Directive 2002/58/EC on Electronic Commerce, an opt-in model has been adopted in Poland. The sending of unsolicited commercial material by means of electronic communications is punishable by a fine. 

Competent authority Ministry of Infrastructure, Department of Telecommunications
Office for Competition and Consumer Protection
Inspector General for the Protection of Personal Data
Regime: Opt-in
Contact person  Ministry of Infrastructure, Department of Telecommunications
Postal address: Chalubinskiego 4/6 street
00-928 Warsaw
Telephone number: + 48225225000
Relevant legislation in place  Laws:  
  • As of 10 March 2003, the Polish Law Concerning the Provision of Electronic Services introduces some items from Directives 2000/31/EC and 2002/58/EC, and it permits only the opt-in form of marketing through electronic media (it includes e-mail and SMS). The regulation also states strict protection of customers' e-mail addresses, which are treated as "personal data". 
  • NB: none of the above regulations actually states that the e-mail address is to be treated as personal data. However, where the e-mail address itself identifies its owner (i.e. the owner's name forms part of the address), the semi-official ("semi-" because of the lack of such a statement in any regulation) position of the Inspector General for the Protection of Personal Data is that it is to be treated as personal data.
  • Personal data protection act, 1997.
  • Title VII of Telecommunication law(2004) - "telecommunications confidentiality and personal data protection" based on the EC Directive on Privacy and Electronic Communications, Directive 2002/58/EC.
  • Act on providing services by electronic means, 2002.The punishment for sending spam (i.e. unsolicited commercial material) is set out in art. 24 of the above Act.
  • Act on the protection of certain consumer rights and on the liability for damage caused by a dangerous product, 2000.The sending of commercial material by fax is governed by Art. 6, para. 3 of this Act.
  • Competition and consumer protection act, 2000.


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Updated : 2011-04-04