ORCID
Artur Salbert: 0000-0003-0182-0273
Keywords
direct marketing, unsolicited communications, right to privacy, opt-in, and opt out rules, personal data, legal persons data
Abstract
EU law sets out some requirements in respect of data processing for direct marketing purposes. These requirements are included in particular in Regulation 2016/6791 and Directive 2002/58/EC2. The use of electronic communications means for direct marketing purposes has an impact on both the entrepreneurs and their clients’ rights, therefore, accurate interpretation of EU law in this respect and an appropriate implementation of EU law into national law in Member States as well as its appropriate application in practice, are essential. This article provides an analysis of the conformity of Polish law with EU law in respect of the use of electronic means of communication for the direct marketing of products or services similar to products or services previously sold or provided by the same entity. There are a lot of doubts in this regard. The correct evaluation of Polish law with the use of pro-EU rules interpretation is crucial, because Polish law provides severe sanctions for the infringement of provisions concerning the use of electronic means of communications for direct marketing purposes.
Recommended Citation
Salbert, A. (2019). Compatibility of Polish Law with EU Law Concerning the Use of Electronic Communications Means for Direct Marketing Purposes. Yearbook of Antitrust and Regulatory Studies, 12(19), 53-75. https://doi.org/10.7172/1689-9024.YARS.2019.12.19.3
First Page
53
Last Page
75
Page Count
22
Received Date
21.07.2019
Accepted Date
18.10.2019
DOI
10.7172/1689-9024.YARS.2019.12.19.3
Publisher
University of Warsaw
Publication Date
2019-10-29
