Is the portal founder obliged to notify the data filing system including the information about the representatives of the company (names and surnames of the “contact persons”) who registered themselves in the portal to registration by the Inspector General for Personal Data Protection? Is it admissible to send the information about the portal to the companies that might be interested in using the portal by electronic means?
According to Article 40 of the Act of August 29, 1997 on the Protection of Personal Data (unified text: Journal of Laws of 2002, No 101, item 926 with later amendments), the controller shall be obliged to notify the data filing system to registration by the Inspector General, excluding the cases named in Article 43 paragraph 1 of the Act.
The ground for this exclusion is Article 43 paragraph 1 point 11 which states that the obligation to register data filing systems shall not apply to the controllers of personal data which are processed with regard to minor current everyday affairs. Minor current everyday affairs shall be understood as the affairs irrelevant for the controller.
Such set of data is needed only for making the controller's work easier, it is of auxiliary character.
Release from the duty of notification does not release the controller from all the other duties resulting from the provisions of the data protection Act. The controller shall be obliged to fulfil one of the prerequisites that allow the processing of data stated in Article 23 paragraph 1 of the Act such as: the duty to provide information concerning the data.
With reference to the possibility of sending by e-mail the commercial information to the contracting parties, this matter is regulated by the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No 144, item 1204 with later amendments), and not by the Act on the Protection of Personal Data.
According to Article 10 paragraph 1 of the Act sending unsolicited commercial information addressed to the specified recipient by electronic communication means especially by mail is prohibited. Pursuant to paragraph 2 of this provision the commercial information shall be considered solicited if the recipient has expressed his/her consent to receive such information. The above mentioned consent can not be implicated from other statement and can be withdrawn any time. Sending unsolicited commercial information shall be considered as unfair competition practice within the meaning of provisions of the Act of 16 April 1993 on Fighting Unfair Competition (unified text: Journal of Laws of 2003, No. 153, item 1503 with later amendments) and is liable to the penalty of fine and shall be prosecuted on the request of the harmed party.


