Introduction
In connection with the amendment of the Law on Consumer Rights (from January 1, 2023),
which includes in its application contracts in which the customer does not pay with money,
but with personal data, it is necessary to adapt newsletter records to the new legislation.
By signing up for a newsletter, a customer enters into a "contract for the provision of digital content," according to the Consumer Protection Law, digital content is: "digital content - data produced and delivered in digital form."
Newsletter provisions can be a separate document, e.g. "newsletter terms and conditions," or be part of the store's internal documents, e.g. privacy policy, or store rules and regulations. The requirements for the newsletter derive from the provisions of the Law on the Protection of Consumer Rights, the Law on the Provision of Electronic Services, and the RODO Regulation.
What should the newsletter information contain from January 1, 2023? (essential elements)
Identification and contact details of the data controller (store)
Description of the procedure for concluding a contract for the provision of digital content
Necessary technical requirements for using the newsletter
Rules on withdrawal from the contract and complaints
Information on copyright for the use of materials
Information on out-of-court settlement of complaints asserting claims
Information on the processing of personal data
Sample content of newsletter records
NOTE: The following provision is only a guideline to allow stores to create their own individualized provisions, it should not be considered as binding content, depending on the store may require changes/modifications
Newsletter Regulations
The owner of the website operated at:_________ (hereinafter: service) is ___________, conducting business in _____________ at:_________ NIP:__________ KRS:___________, e-mail address: _________ phone number:_________ (hereinafter: service owner).
The Terms and Conditions define the rules for the Newsletter service, which enables the conclusion of an agreement for the provision of free digital content by the service owner to the website user (hereinafter: service user). Within the Newsletter service, the service user does not make a monetary payment but transfers his/her data to the service owner.
The Newsletter service consists of cyclic, free-of-charge sending by the owner of the service to the e-mail address provided by the service user commercial and marketing information concerning the service.
Use of the Newsletter service is available for each site user after providing in the section of the site relating to the Newsletter service his/her e-mail address or other data covered by the form of subscription to the Newsletter service, and then accepting the subscription to the Newsletter service (by clicking on the "SAVE" button or a button of identical meaning. Clicking on the indicated button by the user of the website means that he/she agrees to start the Newsletter service. (if we use double opt-in for the newsletter sign up this sign-up should be more elaborate i.e. after clicking on the "SAVE" button or a button of identical meaning the link activating the Newsletter service will be sent to the user, clicking on the link activates the Newsletter service).
Activation of the Newsletter service signifies the service user's consent to the sending of marketing and commercial information by the service by means of electronic communication in the meaning of the Act on Providing Services by Electronic Means, as well as consent to the use by the owner of the service of telecommunications terminal equipment for direct marketing and transmission of commercial information in this channel of communication according to the Telecommunications Law.
Expressing consent by the user of the service is voluntary, however, it is necessary to activate the Newsletter service, its absence means that the service cannot be provided.
The service user may, at any time and without giving any reason, resign from the Newsletter service by______________: (various possibilities e.g. pressing the button: "SIGN ME UP" located in each message addressed by the service owner to the user within the Newsletter service, an e-mail message addressed to the service owner sent to the e-mail address: ______, etc. ). At the same time, please note that unsubscribing from the Newsletter should be as easy as the subscription itself.
Resignation means immediate termination of the Newsletter service, i.e. the service user ceases to receive messages within the Newsletter service, and the service user's data is deleted from the Newsletter service recipients' base.
All content submitted within the Newsletter service is subject to copyright protection vested in the owner of the Newsletter service.
The service user may file a complaint against the Newsletter service by sending an e-mail to: ___________.
The complaint should contain data enabling identification of the service user submitting the complaint, a description of the irregularity, and the complaint demand. The time limit for consideration of the complaint by the service is 14 days. The service user will be notified of the resolution of the complaint via e-mail.
The service user who is a consumer may, in matters relating to the Newsletter service, make use of out-of-court methods of processing complaints and asserting claims.
Information on the processing of personal data in the provision of the Newsletter service can be found at ___________. (e.g. in the privacy policy + active link, or if the Newsletter regulations are part of the privacy policy - reference)
The owner of the service is entitled to make changes to the Regulations. Changes will be announced through ____________ (e.g. publication of the Regulations on the website). Amendments to the Terms and Conditions shall become effective within ______ days from the date of announcement of the Terms and Conditions.
The user of the service will be informed of the changes to the Terms of Service via an e-mail sent to the e-mail address provided by the user.
Other comments (the text of such rules and regulations should also be made available in a form that can be permanently saved, such as a PDF to download from the site)
Checkbox at the newsletter sign-up form
With the changes, you should be even more sensitive to having a checkbox next to the newsletter sign-up form. The content of the checkbox does not have to be long, the important thing is to include a reference - an active link to the privacy policy/newsletter terms and conditions.
E.g. I agree to receive free commercial and marketing information in the form of a newsletter under the terms of the Terms and Conditions (link) / privacy policy (link)
Paid alternative to newsletter
Consent to the newsletter should be voluntary. In order to, avoid the accusation that consent was given in order to receive materials, there should be an option to purchase these materials, without having to sign up for the newsletter.
The solution may seem excessive in the case of simple newsletters, in which only information about the offer is given - the sign-up may be justified in the case of extended newsletters offering free content - e.g. e-books, recordings of training, courses.
Remember!
The above article is a guideline, not a ready-made solution to copy.
We encourage you to consult with a consumer law specialist about the changes.
Need additional help?
If you still have any questions about the Omnibus Directive, please contact us by writing to hello@edrone.me.