Polish Telecommunications Law
Telecommunications Law (Prawo telekomunikacyjne), Articles 173-174
Key Facts
Effective Date
July 16, 2004
Enacted
July 16, 2004
Enforcing Authority
PUODO (Urząd Ochrony Danych Osobowych — Office for Personal Data Protection)
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Poland
Overview
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While the law technically permits browser settings as consent under Article 173(2), PUODO has taken the position that active consent should be obtained, and Article 174 requires consent to meet full GDPR standards since 2019.
What This Means for Your Website
- Prior informed consent is required before placing non-essential cookies on Polish visitors
- Although browser settings are technically permitted, PUODO recommends active opt-in consent
- Since 2019, Article 174 requires cookie consent to meet GDPR standards (freely given, specific, informed, unambiguous)
- A new Electronic Communications Law (PKE) is in development and may replace these provisions
Key Requirements
PUODO enforces data protection requirements with GDPR penalties of up to EUR 20 million or 4% of global turnover. The 2019 amendment to Article 174 aligned Polish cookie consent with GDPR standards. While browser settings remain technically valid under Article 173(2), best practice is to obtain active consent given PUODO's position and the direction of EU enforcement.
How ConsentStack Handles This
ConsentStack presents Polish visitors with an active opt-in consent banner rather than relying on browser settings, following PUODO's recommended approach and GDPR standards.
Penalties
GDPR penalties apply (up to EUR 20 million / 4% global turnover). National telecom penalties also available under the Telecommunications Law.
Key Requirements
- Prior informed consent before placing non-essential cookies
- Consent must meet GDPR standards since 2019 under Article 174
- Information about purposes and ability to control settings required
- Browser settings technically permitted but active consent recommended
- Strictly necessary exemption for essential cookies
Notable Provisions
- Browser settings technically permitted under Article 173(2) but PUODO recommends active consent
- Article 174 aligned consent with GDPR standards in 2019
- New Electronic Communications Law (PKE) in development
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.Hungarian E-Communications ActHungary
Hungary implements the ePrivacy Directive through Section 155 of Act C of 2003. NAIH actively enforces cookie requirements with a focus on dark patterns and equal accessibility of consent options. Reject All must be equally accessible as Accept All in cookie banners.Other Europe Regulations
GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Frequently Asked Questions
Can I rely on browser settings for cookie consent in Poland?
Technically yes under Article 173(2), but PUODO recommends active consent. ConsentStack uses active opt-in as the safer approach, aligned with GDPR standards.
What changed in Polish cookie law in 2019?
Article 174 was amended to require cookie consent to meet full GDPR standards — freely given, specific, informed, and unambiguous.
What are the cookie penalties in Poland?
GDPR penalties of up to EUR 20 million or 4% of global turnover apply. National telecom penalties are also available under the Telecommunications Law.
Stay compliant with Polish Telecommunications Law
ConsentStack helps you implement Opt-in consent for Poland automatically.