Tomasz Pleśniak

Attorney at law (Poland)
Senior Associate
Phone: +48 71 606 04 13

An EU regulation unifying the personal data protection within the European Union will enter into force in May 2018. As the regulation is supposed to ensure higher data protection standards, enterprises will have to face additional obligations. Any non-performance will trigger severe financial consequences

The most revolutionary change as regards the personal data protection will be an obligation to report every instance of data breach to the Inspector General for the Protection of Personal Data within 72 hours of learning about such a case. Additionally, if the breach is likely to pose a high risk to the rights or freedoms of individuals, the enterprise will have to notify the data subject of that infringement.

Enterprises will no longer have to register personal data collections, unless Polish lawmakers keep that obligation. However, in some cases, enterprises will be obliged to appoint an in-house Personal Data Protection Officer (who will replace the current Information Security Controller) or to keep records of data processing. 

If enterprises fail to comply with the new obligations, they will have to face severe fines which, according to the regulation, may amount up to 20 million euro or 4% of the annual global turnover, whichever is higher. 

The new regulations will take effect in the Member States from 25 May 2018, which means that every breach committed by an enterprise after that date may trigger a high fine. The regulation does not provide for a transition period to test new solutions that could ensure adequate personal data protection. Therefore, it is advisable to start the process of adjusting the internal personal data processing standards and internal documentation to the new requirements as soon as possible to avoid fines. 

We are at your service with legal advice if you are interested in our help with checking your practices and personal data protection documentation for compliance with the current and the new regulations. Our attorneys-in-law also offer legal advice in Poland on other issues. They are at your disposal in Rödl & Partner offices in: Gdansk, Gliwice, Cracow, Poznan, WarsawWroclaw.