Can companies contact entrepreneurs without their consent? The latest ruling by the Provincial Administrative Court changes market practice.
Can you call an entrepreneur without prior consent?
Can you call an entrepreneur and ask if they agree to present an offer – without prior consent?
This is precisely what the Provincial Administrative Court in Warsaw ruled in its judgment of the Provincial Administrative Court in Warsaw of 17 June 2025 in case file reference II SA/Wa 1971/24, creating one of the most discussed directions in GDPR matters in recent years.
Judgment of the Provincial Administrative Court: B2B contact for the purpose of obtaining consent is not marketing
The Regional Administrative Court in Warsaw found that B2B contact for the purpose of obtaining consent is not direct marketing, and therefore does not require prior consent under the Telecommunications Law. Companies may base such actions on a legitimate interest (Article 6, paragraph 1, letter f of the GDPR), but only if the entrepreneur's data are public in the CEIDG.
This means a green light for prospecting activities – as long as they do not contain marketing content.
What does the Provincial Administrative Court allow?
The Regional Administrative Court found that contact itself for the purpose of asking for consent (e.g. telephone, e-mail) is not direct marketing, it does not require consent under Article 172 of the Telecommunications Law, and it is permissible action towards entrepreneurs whose contact details are included in the CEIDG .
This means that companies – including banks, operators and other B2B entities – can contact the entrepreneur once to ask for consent for further marketing.
Court's reasoning – key elements
The Regional Administrative Court in Warsaw found that:
- obtaining data from the public CEIDG register for the purpose of requesting consent meets the condition of a legitimate interest,
- the administrator ( Bank ) acted within the scope of its ordinary business activities (searching for customers),
- this did not violate the rights and freedoms of the entrepreneur, as long as his data were public in CEIDG.
The Provincial Administrative Court criticized PUODO for too broad an understanding of marketing and an incorrect assessment of the legality of processing.
The Provincial Administrative Court repeals the decision of the Office for Personal Data Protection (PUODO)
The Regional Administrative Court repealed the decision of the PUODO regarding the warning issued to the Bank, finding that the PUODO had incorrectly assessed the factual circumstances, the contact for the purpose of obtaining consent was not marketing, and the data processing had a legal basis.
The ruling establishes a new standard: companies can contact entrepreneurs without their consent, using data from the Central Registration and Information on Business (CEIDG). Commentators believe this may be an overly broad interpretation of the right to contact, exposing entrepreneurs to an excessive burden.
Practical conclusions
FAQ – contact with entrepreneurs without consent (judgment of the Provincial Administrative Court 2025)
What are companies allowed to do in light of the judgment of the Provincial Administrative Court of June 17, 2025?
It is permissible to use public data from CEIDG to ask an entrepreneur for consent to contact on a one-off basis.
Legal basis: legitimate interest (Article 6(1)(f) of the GDPR).
What is not allowed?
- Continue processing data when the entrepreneur has hidden it in CEIDG.
- Keeping data "for later" without a real claim (no basis under Article 6 paragraph 1 letter f).
- Treat requests for consent as marketing – only further marketing activities require consent.
What should companies do?
- Regularly check whether the entrepreneur's data is still public in CEIDG.
- Separate the “asking consent” process from the actual marketing.
- Do not archive data unnecessarily.
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