The new Polish Electronic Communications Law (ECL) came into force on November 10, 2024. Since then, it has replaced the previous 2004 Telecommunications Law in Poland. The most important difference from the previous Telecommunications Law is its scope of application, which now also affects companies providing online communication services. It aligns the Polish legal framework with European Union standards and places emphasis on data protection, user rights and accessibility.
Companies that provide messaging applications, email, video conferencing platforms or other online meeting tools are expected to comply with the ECL. It is therefore important to review existing contracts and business practices in light of the new requirements.
Below we discuss what changes this could bring for companies and what you can do about it.
What are the obligations of the polish ECL for online communications providers?
Obligations imposed by the ECL on electronic communications providers:
- Providers must give consumers clear, free information about the service and a summary of the terms before any contract is signed.
- Providers cannot discriminate based on nationality, residence, or where a person lives.
- Providers must publish up-to-date information on the services offered on their website. The information must include details of the services, prices, after-sales service and contract terms.
- Providers cannot change the terms of the contract without mutual agreement.
- Providers must ensure that people with disabilities have equal access to their services and facilities and make this information available on their website❗We’ve covered here key aspects of how you can ensure that your cookie banner and other parts of your website are accessible.
- Providers must obtain the customer’s consent before activating paid optional services.
- Providers must respond to complaints about electronic services or optional fees.
- Providers are not allowed to send marketing messages without the user’s consent.
What you can do now to comply with the ECL Poland
The Polish Electronic Communications Act (ECL) is in line with data protection regulations such as the EU General Data Protection Regulation (GDPR) and introduces new accessibility standards. Companies will need to adapt their services or possibly current processes to comply with the regulations. This includes ensuring your cookie banner is properly configured to obtain user consent and protect personal data.
Implement a clear cookie banner
To meet the transparency requirements of the ECL, implement a cookie banner that clearly informs users about the cookies used and obtains their consent before they are activated. Use a cookie banner tool such as consentmanager to lawfully obtain consent from users and store consent records.
Ensure accessibility for all users
Your cookie banner, like the rest of your online service, must be fully accessible. Follow the latest WCAG guidelines to make your website or app accessible to everyone, including people with disabilities. With consentmanager you can manage accessibility settings in just a few clicks from your dashboard.
consentmanager simplifies your compliance
Now that the new law has come into force, it’s time to take the first steps. Make sure your website meets the ECL’s requirements in terms of accessibility, transparency and user consent. consentmanager simplifies this process and supports you in implementing a compliant cookie banner. Start your compliance process now.
