The Directive, commonly known as e-Privacy, refers to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). It is a European legal act with a broad scope of privacy issues. Its purpose is to ensure the protection of data originating from electronic communications and the privacy of users, in other words, of terminal equipment (computers, telephones, tablets). According to Article 1 of the e-Privacy Directive „This Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community”. In addition, according to Article 3 of the e-Privacy Directive, „This Directive shall apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Community, including public communications networks supporting data collection and identification devices”.
e-Delivery is the electronic equivalent of a registered letter with acknowledgment of receipt. Thanks to this service, public entities, citizens, companies and public trust professions can benefit from convenient and safe electronic deliveries. They are legally equivalent to traditional registered mail with acknowledgment of receipt. The Polish Act on Electronic Deliveries (Act of November 18, 2020 on Electronic Deliveries (consolidated text: Journal of Laws of 2023, item 285, as amended)) provides for the introduction of a completely new system of contact between offices and their clients, as well as the possibility of exchanging electronic correspondence between private entities. E-Delivery is intended to eliminate the circulation of paper correspondence from the market, i.e. replace the current registered mail with return receipt or personal delivery. Instead, public authorities will contact entrepreneurs electronically, and when cannot be used, they will use a public hybrid service, i.e. sending paper letters using automatic letter printing and packaging systems by Poczta Polska (Polish Post). As a consequence, the exchange of correspondence as part of the new services will allow official matters to be handled electronically, in a way that ensures effectiveness, mutual identification, shortened implementation time, as well as communication security. At the same time, traditional delivery by registered mail will be eliminated by modern delivery methods.
Ransomware attacks and their legal consequences: a threat to cybersecurity
Computer Security Day, the international day for raising cybersecurity awareness, falls on November 30, and just a few days ago the largest medical data leak to date occurred in Poland. The victim of this cyberattack was one of the laboratory networks in Poland, which cooperates with many Polish clinics, hospitals and other medical facilities. The company refused to cooperate with cybercriminals, which resulted in the disclosure of medical and personal data of over 50,000 people. Poles. Unfortunately, the group of hackers announced that if the company does not meet their ransom demands, they will publish the full dataset by December 31, 2023. They include information such as names, surnames, Polish National Security Numbers, addresses, dates of orders and examinations, as well as numbers enabling verification in the laboratory systems.
Cybersecurity aspects in the new Executive Order about AI
The race between US and UE
On 30 October 2023, the President of the United States issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Executive Order establishes new standards for Artificial Intelligence safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more. The Executive Order builds on previous actions the President has taken, including work that led to voluntary commitments from 15 leading companies to drive safe, secure, and trustworthy development of AI.
At the beginning of October 2023 a fine of almost PLN 5.2 million was imposed by the Polish Office of Competition and Consumer Protection on the Scandinavian distributor of supplements and PLN 110,000 on its president of the management board for using dark patterns in e-commerce.
The regulator found seven such practices in the activities of the company selling dietary supplements. The regulator assessed that consumers could be misled by the first contact with the company’s offer, boasting “over a million satisfied customers” of a given product, while this information concerned the total number of the entrepreneur’s customers. Some marketing materials also referred to alleged recommendations of the European Food Safety Authority. Above all, the manipulation of the fined company consisted in offering a free sample of a dietary supplement. When the consumer clicked to confirm his willingness to receive it, a new window opened – with a message similar to the previous one in terms of graphic form and content, but it did not concern a free sample, but an annual paid supply of a given product along with a subscription.
