European Data Protection Digest

New Cookie Rules Make Opt-Out OK with Proper Info

PRIVACY LAW—POLAND

April 9, 2013

According to SSW privacy lawyer Joanna Tomaszewska, changes to Poland’s telecoms laws mean a “very strict information duty” requiring website operators to inform consumers of cookie use and ways they can alter their cookie settings; however, if properly informed users do not change default settings, inaction will constitute “explicit consent.” The Office of Electronic Communications (OEC) has also been given the power to issue financial penalties of up to three percent of the previous year’s profits to companies that breach the rule, Out-law.com reports. While noting that “it is too early to know how the OEC will impose penalties,” Tomaszewska said it is "rather unlikely" the OEC will levy a fine amounting to three percent of annual profits.
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