Newsletter

Dear Readers,

in the February edition of our Newsletter, we draw attention to the implementation at the end of last year of the provisions of the new Electronic Communication Law, concerning, among other things, the required for the transmission of commercial information via electronic means or telephone. We also point out the ongoing parliamentary works regarding legislation that aims to introduce an obligation to ensure transparency in remuneration levels within enterprises. Furthermore, we signal that at the end of January, a draft amendment to the Labor Code was published on the Government Legislation Centre’s website, aimed at clarifying and expanding the regulations concerning the consequences of violations of the principle of equal treatment, as well as cases of mobbing and other forms of workplace violence.

Enjoy your read,

WBW Team

Marketing consents and commercial information under the new Electronic Communication Law

On November 10, 2024, the Electronic Communication Law (hereinafter: ECL) came into effect, largely replacing the existing Telecommunications Law of July 16, 2004. The new regulations aim to enhance the protection of electronic communication users, while also introducing new obligations for businesses that use electronic communication means to send commercial information to customers.

Consent for the delivery of commercial and marketing information

One of the changes brought about by the new law is the systematization of the legal basis on which consents for the receipt of commercial and marketing information are founded. Following the implementation of the ECL, the obligation to obtain such consents arises from a single provision, namely Article 398 of the ECL. Nevertheless, businesses that utilize commercial and marketing information sent via electronic means or telephone are still required to provide recipients with options and limitations regarding the communication methods through which such information will be transmitted.

Obligations in B2B Relationships

It should be emphasized that the new regulations concerning protection against unsolicited commercial information do not extend solely to the relationship between businesses and consumers, as they encompass communication with all subscribers or end users of electronic communication means. Therefore, even in the case of sending commercial information (including marketing materials) to other businesses, prior consent is required for the use of the mechanisms outlined in Article 398 of the ECL.

Penalties for violation of the ECL

The introduced changes may require a review of the implemented procedures and marketing consents. It should be emphasized that in the event of a breach of statutory obligations, the ECL provides for the possibility of imposing a monetary penalty by the President of the Office of Electronic Communication. The monetary penalty imposed on the entity violating the obligations regarding marketing consents can amount to as much as 3% of the recipient’s revenue achieved in the previous calendar year or up to 1,000,000 PLN, with the preference of applying the higher amount.

Antonina Godlewska, paralegal

Sebastian Michalak, associate

Regulations introducing the principle of pay transparency

On February 6, 2025, the first reading of the draft amendment to the Labor Code took place, which aims to introduce the principle of pay transparency within workplaces, along with associated obligations for employers. The draft is marked as document number 934.

The proposed amendment primarily aims to introduce the right of employees to request information about their individual salary levels, as well as the average salary levels within the workplace, broken down by gender. Importantly, remuneration will be considered not only the basic salary received by employees but also other monetary or material benefits provided to employees directly or indirectly.

Pay transparency will not only pertain to internal workplace matters. The planned regulations will require employers conducting recruitment for job positions to include information about the salary ranges in their job advertisements. Additionally, a potential employer will be obligated to provide candidates – upon their request – information regarding the initial salary or the range anticipated for the specific job position.

Sebastian Michalak, associate

Draft amendment to the Labor Code on discrimination and mobbing

On January 20, 2025, a draft amendment to the Labor Code was published on the website of the Government Legislation Centre under registration number UD183, currently subject to public consultations. The law aims to modify the existing definitions of forms of workplace violence and expand the employer’s liability for their occurrence.

Key changes

First and foremost, the complete redrafting of the definitions of mobbing and harassment in the workplace should be examined. The proposed regulations aim to define the characteristics of the aforementioned forms of workplace violence as precisely as possible. Furthermore, in assessing whether an employee has experienced mobbing, it is suggested to introduce additional criteria in the form of the employee’s subjective feelings or reactions, provided they are justified.

The proposed amendment also introduces changes to civil proceedings concerning violations of the principle of equal treatment. According to the draft, if an employee believes that the principle of equal treatment has been violated against them, it is sufficient for them to substantiate this claim; the burden of proof will then shift to the employer, who must demonstrate that the violation did not occur in order to defend themselves against the employee’s allegations.

According to the draft, the minimum amount of compensation for harm caused by mobbing will correspond to the salary for a period of six months of work. However, the drafters allow for the possibility of the employer being exempt from liability for mobbing in their workplace if they can demonstrate that they consistently and actively worked to prevent mobbing through actions such as implementing preventive measures, detecting mobbing, or responding to incidents of mobbing.

In addition to the above, the draft also provides for additional obligations regarding internal regulations. An employer required to establish a workplace regulation must include new provisions related to actions in the area of preventing mobbing and violations of the principle of equal employment. An employer who is not required to establish such a regulation must address these issues in a notice.

Application of the new regulation

The anticipated date for the adoption of the new regulations is planned for the third quarter of 2025. Once the proposed changes come into effect, employers will have three months to adjust their workplace regulations in accordance with the new requirements.

Daria Pawlak, paralegal