Data protection in Poland compared to the GDPR
Polish legislators have only partially utilized the opening clauses of the GDPR. However, the Polish Data Protection Act addresses several topics relevant to corporate data protection, such as employee monitoring, data subject access requests, and administrative penalties.
GDPR opening clauses
Poland has made use of the GDPR's opening clauses to establish specific national regulations in areas like the processing of employee data, the processing of data for scientific or historical research purposes, and the transmission of data to third parties.
Key differences and national specifics
Specific data protection laws and official guidelines
Poland has specific data protection laws and official guidelines that companies should adhere to. These laws and guidelines provide detailed information and instructions for compliance with data protection regulations in Poland.
Poland has specific regulations regarding information obligations. Companies must ensure that they adequately inform data subjects about the processing of their data.
E-Marketing and cookies
Poland has regulations concerning e-marketing and the handling of cookies. It is important to note that a new regulation through the ePrivacy Regulation is still pending.
Data subject rights
Data subject rights in Poland are extensively regulated. Companies should ensure that they respect these rights and allow data subjects to exercise them.
Records of processing activities
Poland has specific regulations concerning records of processing activities. Companies must maintain detailed records of their data processing activities.
Data Protection Impact Assessments (DPIAs)
Companies in Poland should ensure that they conduct DPIAs in accordance with Polish regulations.
Data Protection Officer
There are specific regulations regarding the role and duties of the Data Protection Officer (DPO) in Poland.
Poland has regulations related to certification in the field of data protection.
There are regulations concerning supervisory authorities in the field of data protection in Poland.
Sanctions and penalties
Companies should be aware of the possible sanctions and penalties that can be imposed in case of data protection violations in Poland.
Employee data protection
The Polish Data Protection Act also includes regulations concerning data protection for employees.
Poland has adopted many of the GDPR guidelines but has also introduced some national peculiarities. Companies operating in Poland or conducting business with Polish citizens should ensure that they fully understand and comply with both the GDPR and the Polish Data Protection Act.