Court case III OSK 161/21 – Court Ruling (Poland, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A Polish court ruled that a company must separate consent for data processing from consent for marketing methods. The court found that consent must be clear and specific to each purpose. This ruling emphasizes the need for businesses to obtain clear consent for each type of data use.
What happened
A Polish court ruled that consent for data processing must be separate from consent for marketing methods.
Who was affected
Potential customers and customers who applied for loans and provided consent for data processing and marketing.
What the authority found
The court held that consent for data processing must be clear and separate from consent for marketing methods, ensuring individuals understand each purpose.
Why this matters
This case underscores the importance of clear and separate consent for different data uses. Businesses should ensure their consent forms are specific to avoid legal issues.
GDPR Articles Cited
National Law Articles
The Company V. obtained from potential customers (i.e. persons applying for a loan) and customers the following consent: "I consent to the processing of my personal data by V. Sp. z o.o. for the purpose of direct marketing relating to the products and services of entities belonging to the "[...]" capital group, carried out by using telecommunications terminal equipment and automatic calling systems in accordance with Article 172 of the Telecommunications Law (Journal of Laws of 2014, item 234, as amended), and for this purpose I make available the data provided by me in this application with regard to: e-mail address and telephone number.". In relation to persons who gave the above consent, the Company conducted marketing activities by making telephone calls, sending text messages and emails. The General Inspector for Personal Data Protection issued a decision against the Company, which was appealed to the Provincial Administrative Court in Warsaw. In its judgment of 26 February 2018, ref. II SA/Wa 943/17, it dismissed the complaint of the company V. The Company appealed from the above judgment. The dispute concerned whether, on the grounds of the Act of 29 August 1997 on personal data protection, it is permissible to express a single consent to processing personal data for the purpose of direct marketing of the Company's products and using telecommunications terminal equipment for the purpose of such marketing, referred to in Article 172 of the Act of 16 July 2004 Telecommunications Law. The Supreme Administrative Court has dismissed the cassation appeal. The court held that the expression of consent to the processing of data for marketing purposes is a prerequisite for the lawfulness of processing of personal data by the data controller, and the consent is independent of the means by which the marketing is directed and should be separated from the means of direct marketing. The person giving consent must understand the essence of the consent, its purpose and
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case III OSK 161/21 in PL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case III OSK 161/21 - Poland (2021). Retrieved from cookiefines.eu
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