Abstract

The so-called harmonizing act, i.e. the Act of 21 February 2012 amending certain acts in connection with ensuring application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) introduced, inter alia, a simplification for micro-entrepreneurs as regards the realization of the information duty, referred to in Art. 13 GDPR, vis-a-vis consumers. The main objective of the legislator as regards the amendment of the Consumer Rights Act of 30 May 2019 was to minimize financial burdens to be borne by the smallest entrepreneurs. In accordance with the new regulations, the information duty may be realised by a micro-entrepreneur by displaying relevant information in a visible place in their premises or placing it on their website; the regulation refers likewise to contracts concluded out of the premises, remotely concluded contracts, as well as any other contracts, e.g. those concluded on the premises. However, the simplification cannot be used in cases enumerated in the Act, for instance it cannot be applied in a situation when the person the data refer to is not able to get acquainted with the information specified in Art. 13 of the GDPR. This involves the need to take into account the principle of accountability, referred to in Art. 5.2 of the GDPR, which makes micro-entrepreneurs responsible for proving that they fulfilled the information duty vis-a-vis persons whose data are processed, but also that in accordance with the Act for checking that the person had an opportunity to get acquainted with its contents. The exclusions introduced in the Act as regards the application of the new provisions as well as their wording cause that this facilitation may prove but illusory, and thus may not improve the situation of the smallest entrepreneurs with respect to the requirements of personal data protection.

Key words: information duty as realized by a micro-entrepreneur, simplifications in realization of information duty vis-a-vis consumers, micro-entrepreneurs vs GDPR, consumer’s personal data protection

Słowa kluczowe: obowiązek informacyjny w wykonaniu mikroprzedsiębiorcy, uproszczenia w realizacji obowiązku informacyjnego wobec konsumenta, mikroprzedsiębiorca a RODO, ochrona danych osobowych konsumenta