New electronic communications law: What does it mean for the e-commerce industry?

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The new law, known as the PKE(Electronic Communications Law), will take effect on 10.11.2024, and is expected to, among other things, organize rules of conduct, particularly related to e-commerce and electronic marketing, which are currently also found in the Electronic Services Act. Among other things, the new regulations are important because they include legal requirements for marketing activities (i.e. email marketing, or online advertising using cookies) and remote customer service processes.

Article 398 of the PKE introduces a single marketing consent, covering both the sending of commercial information and direct marketing activities. This is a significant change from the previous system, where separate consents had to be obtained for different forms of communication.

- Although RODO remains unchanged, starting in November, the requirements for commercial information and direct marketing move to a new law - the Electronic Communications Law. It will be crucial for online store owners to have their own compliant contact database with appropriate consents for marketing communications. Importantly, the new legislation also covers marketing in B2B relationships," - explains Beata Zalewska, Data Protection Inspector at Shoper - It is worthwhile to carefully analyze the changes and adapt your practices to them. - she adds.

Will online store owners feel the changes?

Online store owners will gain the ability to use a unified marketing consent covering various communication channels, which will simplify marketing processes. At the same time, they need to be aware of stricter penalties - sending commercial information without consent can result in a penalty of up to 3% of annual revenue or PLN 1,000,000.

The PKE expands the scope of customers covered by the regulations to include not only individuals, but all "subscribers or end users," including companies. This is an important change for stores making B2B sales. In addition, the new cookie regulations require e-commerce owners to adjust their websites and data collection processes.

What should e-commerce owners, directors and marketers keep in mind?

Anyone who manages the marketing of an online store should keep in mind some important activities such as:

• Verification of existing consents: it is necessary to verify that existing marketing consents meet the requirements of the new law.
• Adjusting documentation: Updating bylaws, privacy policies and information clauses may be necessary.
• Process review: Review how consents are collected and the mechanisms for withdrawing them.
• Beware of cold mailing and cold calling: New regulations may restrict these practices when using public record data.

- Online store owners should take these changes as an opportunity to organize their marketing efforts. - advises Edyta Pudlowska, Head of Marketing at Shoper - This is a good time to optimize customer communication strategies and ensure full compliance with the new regulations. - she adds.

About the company Shoper

Shoper is a leader in e-commerce solutions in Poland. The company provides the necessary infrastructure for e-commerce. In addition to software for running an online store, it also offers a range of services to support sales. These include online payments, Digital Ads, logistics services and business financing. Among others, brands such as Gym Glamour, WK Dzik, Irving and Doppelherz operate on the Shoper platform. Since July 2021, Shoper has been listed on the Warsaw Stock Exchange and has been part of the sWIG80 index since December 2021. Check out more information about the company at: www.shoper.pl 

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