Poland: Should free services be provided for sharing personal data?
Ewa Kacperek and Weronika Olszewska of Hogan Lovells analyse a landmark judgment from Poland regarding the processing of personal data for marketing purposes in exchange for obtaining a free service.
In the judgment dated 7 July 2022, the Voivodship Administrative Court in Warsaw repealed the decision of the President of the Personal Data Protection Office (“the President of the PDPO”), leaving the authority to reconsider whether the processing of personal data for marketing purposes in exchange for obtaining a free service should be deemed to be in compliance with the General Data Protection Regulation (“GDPR”) if the customer, prior to consenting to the processing of said personal data, was not informed of an analogous, alternative, paid offer. Under the GDPR, it is possible to offer discounts or free services in exchange for providing personal data, so long as an alternative offer, that does not require consent, has been made available to the data subject.
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