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.
Highlights
There is no legal definition of ‘direct marketing’ in European Law
Entities that used electronic mail for direct marketing purposes of their own similar products or services without prior consent of their clients will have the right to invoke the direct effect of Article 13 paragraph 2 of Directive 2002/58/EC before competent authorities, that is, in particular before the President of UKE and courts controlling the decisions of the President of UKE
Requirements needed to invoke the direct effect of Article 13 paragraph 2 of Directive 2002/58/EC are met
Summary
There is no legal definition of ‘direct marketing’ in European Law. In addition, apart from the term ‘direct marketing’, other equivalent or similar expressions are used in European Law. Direct marketing carried out with the use of traditional means, namely using traditional mail or distributing leaflets and flyers, has become significantly less important. Direct marketing, carried out with the use of new ways of reaching the customer, is of fundamental importance. The essence of direct marketing leads to the creation of a specific relationship between entrepreneurs, using electronic means for direct marketing purposes, and the recipients of marketing information. This method of communication causes a conflict between two values. There are serious doubts whether regulations in force in Poland regarding the use of electronic communications means for direct marketing purposes are compatible with EU law. An assessment of the compliance of Polish legislation with EU law in this respect will be carried out
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
