Slovak Electronic Communications Act: Changes in direct marketing

An amendment to the Slovak Electronic Communications Act, effective from the end of 2025, has introduced changes in direct marketing. For the purposes of the Electronic Communications Act, direct marketing means any form of presentation of goods or services in written or oral form, sent or presented through a publicly available service directly to one or more subscribers or users. 

Following the amendment, direct marketing now also includes obtaining information about goods and services from a subscriber or user. Direct marketing is permitted only when the prior consent of the person concerned has been obtained and can be demonstrated. 

The aim of the new regulation is to strengthen the protection of subscribers and users against unsolicited contact when the person has objected to marketing calls or registered their telephone number in the list of telephone numbers to prevent unsolicited marketing calls, which is maintained by the Office for Regulation of Electronic Communications and Postal Services. 

Registering a telephone number in the list and objecting to calls represent a clear boundary beyond which it is no longer possible to contact the person for direct marketing purposes, even for the purpose of obtaining their consent again. Under the new rules, calls are prohibited for the purpose of obtaining prior consent.

Another change is the introduction of a time limit on the use of a person's contact details for direct marketing purposes without prior consent. Contact details obtained in connection with the sale of goods or services, may only be used for marketing purposes for the period of one year after the termination of the contractual relationship.

From a practical point of view, it is essential that marketing companies and other entities engaged in direct marketing adapt their processes to the new legislation. First and foremost, it is necessary to thoroughly review existing marketing practices and campaigns and update their guidelines on the processing of personal data.

Violations of direct marketing rules may result in fines of up to 5 per cent of turnover for the previous accounting period. Violations of the law may also result in the invalidation of consents obtained in violation of the law, which has an impact on the legality of further processing of contact details.​