The data processing for direct marketing purposes is permitted under the provisions of Article 23 paragraph 1 point 1 of the Act on Personal Data Protection that is when the data subject has given his/her consent or under the provisions of Art. 23 paragraph 1 point 5, when the processing is necessary for the purpose of the legitimate interests pursued by the controller such as direct marketing of own products or services provided by the controller.

In the specific way the issue of direct marketing provided on the Internet shall be considered according to the Act of 18 July, 2002 on providing services by electronic means (Journal of Laws No. 144, item. 1204 with amendments). Article 10 paragraph 1 and 2 states that it is prohibited to send unsolicited commercial information addressed to the specified recipient by electronic communications means, in particular electronic mail. The commercial information shall be considered solicited, if the recipient has expressed his/her consent to receive such information, and made his/her electronic mail address available for such receipt. It is prohibited for the provider to operate without such consent and such activity shall be considered as the unfair competition practice, within the meaning of provisions of the Act of 16 April, 1993 on fighting unfair competition (unified text: Journal of Laws of 2003 No. 153, item 1503 with amendments).

The consent for data processing can be given also by phone. When the consent has been given orally there can be a problem with the conformation of such consent.