PKE marketing consent (Polish Electronic Communications Law)

Since November 10, 2024, Polish law requires prior consent for marketing by email, phone or text, to companies too; asking for it by phone already counts.

The Electronic Communications Law (Prawo komunikacji elektronicznej, Journal of Laws 2024 item 1221) replaced the old telecom and e-services rules. Its Article 398 bans using end devices such as email, phone and text for commercial information without the recipient’s prior consent, and it covers B2B addresses and numbers as well. Regulators have treated a cold call that asks for permission to send an offer as marketing itself. This consent is separate from a GDPR basis for processing the data, and the UKE president can fine for breaches.

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Related terms

CAN-SPAM Act: The US law for commercial email: honest headers and subjects, a postal address, a working opt-out and honoring it within 10 business days.
CASL (Canada’s anti-spam law): Canada’s anti-spam law: consent before sending commercial email or texts, sender identification, and an unsubscribe honored within 10 business days.
GDPR: The EU regulation on personal data: lawful basis, minimal data, user rights and breach reporting, for anyone handling EU residents’ data.
Cookie consent (ePrivacy Directive): The EU rule that a site needs consent before storing or reading anything on a user’s device, except what is strictly necessary for the requested service.

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