New Electronic Communications Law – What Business Owners Need to Know
- Who Is Affected by the New Regulations?
- Direct Marketing – New Rules for Cold-Calling
- Clear and Accessible Contracts for Consumers
- Data Protection and Communication Confidentiality
As of November 10, 2024, the Electronic Communications Law has taken effect, replacing the previous Telecommunications Law. This new legislation covers not only traditional telecom providers but also a wide range of companies offering online communication services, such as messaging apps, email, and video conferencing platforms. So, what changes will business owners need to adapt to?
Who Is Affected by the New Regulations?
If your business provides electronic communication services, such as through online communication platforms, telephones, emails, or services that enable two-way communication without using phone numbers, the Electronic Communications Law applies to you. The law has broadened its scope to include a new category of “electronic communications businesses”, extending compliance requirements to a wider array of service providers.
Direct Marketing – New Rules for Cold-Calling
The new law introduces specific rules around direct marketing. If your business reaches out to customers by phone, SMS, email, or other automated communication systems, you must first obtain consent from each user. Engaging in such marketing activities without consent is now illegal and can result in fines of up to 3% of the previous year’s annual revenue.
The law also allows businesses to collect consent via an email address provided by the user, as long as this address allows user identification and is used solely for direct marketing communications.
Clear and Accessible Contracts for Consumers
The new regulations require all contracts to be written in clear, straightforward language and include a summary of key terms. Businesses must provide this summary to consumers before they sign any contract, free of charge, and in a permanent format (such as a digital document or printed paper). The summary should include: service provider details, including contact information main features of the service, pricing and any additional fees, contract duration, and terms for termination.
These provisions enhance consumer rights, and importantly, the law extends these rights to include small businesses, micro-enterprises, and non-profits, who are now entitled to receive clear summaries of service contracts.
Data Protection and Communication Confidentiality
In addition to the requirements set by the GDPR, the new law obliges businesses to implement technical and organizational measures to ensure personal data security. Businesses must ensure that:
- Only authorized personnel have access to data
- Data is safeguarded against accidental or unauthorized disclosure or alteration
- A clear data security policy is in place
- A log of any data breaches is maintained
Furthermore, the Electronic Communications Law imposes a duty of confidentiality on electronic communication providers, requiring that they take adequate precautions to secure telecommunications equipment, public networks, and data against unauthorized access or disclosure.
Complying with these new requirements may take time but is essential to avoid financial penalties and maintain customer trust. It’s crucial to remember that these regulations apply to businesses of all sizes. Now is the time to review your marketing practices and contracts to ensure compliance with the new law.
The lawyers at REVERA Polska can help you align your company's internal processes with the new regulations.
Authors: Szymańska Julia, Erohovec Ekaterina
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