SlovakiaElectronic Communications Act, Section 116, Paragraphs 3 to 6 and 14 to 16, Consent, Withdrawal and Opt-out for Direct Marketing
Zákon 452/2021 Z. z., § 116 ods. 3-6 a 14-16
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Retention, Prohibition
As of .
What it requires
- Use automated calling and communication systems without human intervention, telefax, e-mail, SMS and MMS for direct marketing to a subscriber or user only with their provable consent obtained before you contact them, and do not call or use those systems to obtain that consent (section 116, paragraphs 3 and 4).
- Keep a durable medium recording the provable consent for at least four years from its withdrawal, and state when you obtain the consent how it can easily be withdrawn (section 116, paragraph 5).
- Let the subscriber or user withdraw consent or object to calls at any time, confirm the withdrawal or objection provably within 30 days, and keep the confirmation on a durable medium for at least four years (section 116, paragraph 6).
- You need no prior consent for e-mail, SMS or MMS marketing of your own similar goods and services where you obtained the contact details in connection with a sale, or for marketing addressed to the published contact details of a subscriber or user who is a sole trader or a legal person. Give the recipient an easy and free possibility to refuse that use of contact details when the details are collected and in every message, and stop using details obtained in a sale one year after the contractual relationship ends (section 116, paragraphs 15 and 16).
- Do not send e-mail from which the identity and address of the sender, to which the recipient can send a request to end such messages, are not known, and do not encourage a visit to a website in breach of a special regulation (section 116, paragraph 15).
If you get it wrong
Penalty structure
Section 124, paragraph 3 sets the fine at EUR 200 up to 5 percent of turnover for the previous accounting period, and paragraph 6 limits it to EUR 300,000 where the person had no turnover or the turnover cannot be calculated.
- Rule
- Turnover pct only
- As of
- Minimum
- 200
- Currency
- EUR
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The Regulatory Authority for Electronic Communications and Postal Services (Úrad pre reguláciu elektronických komunikácií a poštových služieb), which imposes the fine (section 124).
What this law does
Section 116, paragraph 3 of the Electronic Communications Act allows the use of automated calling and communication systems without human intervention, telefax, e-mail, SMS and MMS for direct marketing to a subscriber or user only with their provable consent obtained before contacting them. Section 116, paragraph 4 prohibits calling, and using automated calling and communication systems without human intervention, telefax, e-mail, SMS and MMS, for the purpose of obtaining that consent.
Section 116, paragraph 5 requires the person to whom consent was given to keep a durable medium recording the provable consent for at least four years from its withdrawal. Section 116, paragraph 5 also requires a person doing direct marketing to state, when obtaining consent, how the consent can easily be withdrawn.
Section 116, paragraph 6 lets a subscriber or user withdraw consent or object to calls at any time, and requires the person concerned to confirm the withdrawal or objection provably within 30 days and to keep the confirmation on a durable medium for at least four years.
Section 116, paragraph 15 removes the prior consent requirement for e-mail, SMS and MMS direct marketing of the person's own similar goods and services where the person obtained the contact details in connection with a sale, and for marketing addressed to the published contact details of a subscriber or user who is a sole trader or a legal person.
Section 116, paragraph 15 requires that the recipient be given a possibility to refuse that use of contact details easily and free of charge at any time, when the details are collected and in every message delivered, if the recipient has not refused before.
Section 116, paragraph 15 prohibits sending e-mail from which the identity and address of the sender, to which the recipient can send a request to end such messages, are not known, and encouraging a visit to a website in breach of a special regulation. Section 116, paragraph 16 allows contact details obtained in connection with a sale to be used under paragraphs 14 and 15 for one year after the end of the contractual relationship.
Section 124, paragraph 3 makes a breach of section 116, paragraphs 3 to 6, 8, 12 and 14 to 16 punishable by a fine of EUR 200 up to 5 percent of turnover for the previous accounting period. Section 124, paragraph 6 limits the fine under paragraphs 1 to 3 to EUR 300,000 where the person had no turnover for the previous accounting period or the turnover cannot be calculated.
Section 134 provides that the Act takes effect on , except that paragraph 12 of section 116 takes effect on and paragraphs 7 to 10 of section 116 take effect on .
When LexLint raises it
When your app profile says your app sends automated outreach.