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In Poland, an AI agent may only make marketing calls to people and businesses who agreed to them beforehand. Article 398 of the Electronic Communications Law (Prawo komunikacji elektronicznej, PKE) sets this opt-in rule for consumers, sole traders, and companies, and it covers calls by a human too. Even a call that only asks for consent counts as marketing. Poland has no do-not-call list, because without consent you can’t call at all.
This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.

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At a glance

Only with prior consent. Art. 398(1) PKE has applied since November 10, 2024:
“Zakazane jest używanie: 1) automatycznych systemów wywołujących, 2) telekomunikacyjnych urządzeń końcowych […] do celów przesyłania informacji handlowej […], w tym marketingu bezpośredniego, do abonenta lub użytkownika końcowego, chyba że uprzednio wyraził on na to zgodę.”
In English: you may not use automated calling systems or telecommunications terminal equipment to send commercial information, including direct marketing, to a subscriber or end user unless they consented beforehand. Businesses count. The Ministry of Digital Affairs confirmed in October 2025 that the rule protects sole traders and legal persons such as companies. UODO, the data protection authority, agreed. AI agents count. The PKE doesn’t define an automated calling system, but the Supreme Court treated automated IVR voice messages as one (III SZP 7/15). An AI agent that dials and talks on its own fits that reading. It makes no practical difference, because point 2 covers any phone used for marketing. A human supervising the AI agent doesn’t change the answer. Asking for consent is marketing. You can’t call to ask whether you may call. The Ministry says UKE and UOKiK decisions confirmed this. In 2026, UOKiK rejected a seller’s defense that its calls only arranged appointments (UOKiK).

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Cold calls by a human

The same rule applies. Art. 398 lists terminal equipment, which includes an ordinary phone, next to automated calling systems. A sales rep who dials a cold list breaks the same rule as an AI agent.

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Existing customers and callback requests

Existing customers. Poland has no soft opt-in for calls. Contact details from a contract don’t let you call customers about other offers without consent (Prawo.pl). Callback requests. A person who asks you to call gives consent for that call. Make the request name your company, the phone channel, and the topic, and say that an AI agent may call. Service calls. Art. 398 covers information that promotes goods, services, or your company’s image (Art. 2(2) Act on Electronic Services). Reminders, delivery updates, and support follow-ups fall outside it. Pitch a product, and the call becomes marketing.

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Do-not-call register: None

Poland has no national do-not-call register. In October 2025 the Ministry said it plans neither a register nor changes to Art. 398. Keep your own suppression list of people who withdrew consent or objected. UODO accepts such lists based on legitimate interest after a documented balancing test. Use Guidance to tell the AI agent how to handle requests to stop calling, and a Unitool to write each objection to your CRM. You carry the burden of proof, also when a contractor calls for you. The PKE sets no retention period, so keep proof as long as you rely on the consent. Bought lists often fail: UOKiK fined a company whose database consents predated the company itself. Consent collected before November 10, 2024 stays valid if it meets GDPR and PKE standards. botBrains asks for consent evidence before outbound campaigns. See Before you start outbound campaigns.

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Tell callers they’re talking to an AI

Since August 2, 2026, Article 50 of the EU AI Act requires that people know they’re talking to an AI system, at the latest when the conversation starts. This applies to inbound and outbound calls, to consumers and to business contacts, and you can’t count on the exception for obvious cases when your AI agent sounds human. The default introduction already says that your AI agent is an AI, so keep that statement first when you edit it. When you call a consumer to sell something, the Consumer Rights Directive also requires you to name your company, anyone you call for, and the commercial purpose at the start. When you call a consumer to conclude a distance contract, state the purpose, your identity, and on whose behalf you call at the start (Art. 20(1) Consumer Rights Act). We found no separate Polish rule on AI disclosure. Recommended introduction for outbound marketing calls, in Polish:
For inbound calls:

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Call recording

Criminal law. Art. 267 § 3 Criminal Code punishes using a listening device to get information you aren’t entitled to. As a party to the call, you’re entitled to it, and Art. 386(2) PKE bans processing call content only for people other than the sender and the recipient. Poland therefore works as one-party consent. Data protection. You still need a lawful basis (GDPR Art. 6) and must tell the caller at the start (Art. 13). Legitimate interest can cover quality and evidence. Pressing the star key stops the recording and discards it, and the transcript stays. A recording only becomes biometric data when you process it to identify a person (Art. 4(14), Art. 9). botBrains stores recordings, transcripts, and call data in the EU.

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Caller ID and calling hours

Caller ID. The Act on Combating Abuse in Electronic Communications bans CLI spoofing, meaning showing someone else’s number to impersonate them, and operators block or hide such calls (Art. 3, Art. 16). Callers see your own botBrains number, and botBrains provisions Polish numbers on request. Calling hours. Neither the PKE nor the Consumer Rights Act sets calling hours. Persistent, unwanted calls urging consumers to buy are an aggressive practice (Art. 9(3) Unfair Market Practices Act). botBrains doesn’t enforce calling hours, so set them yourself.

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Sector rules

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Fines and enforcement

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Sources

  • Electronic Communications Law (Journal of Laws 2024, item 1221), Art. 2, 386, 398, 400, 446: ISAP
  • Act on Providing Services by Electronic Means, Art. 2(2): ISAP
  • Consumer Rights Act, Art. 20, 39: ISAP
  • Unfair Market Practices Act, Art. 9(3): ISAP
  • Competition and Consumer Protection Act, Art. 106, 106b: ISAP
  • Criminal Code, Art. 267: ISAP
  • Act on Combating Abuse in Electronic Communications, Art. 3, 16: ISAP
  • Energy Law, Art. 5(4c): ISAP
  • GDPR, Art. 4, 6, 7, 9, 13, 83: gdpr-info.eu
  • Ministry of Digital Affairs, reply to interpellation 12337 with UKE and UODO positions, October 13, 2025: Sejm
  • UOKiK, press release on telemarketing without consent, September 9, 2026: UOKiK
  • UKE, press release on marketing calls without consent, June 28, 2019: UKE
  • Supreme Court resolution III SZP 7/15, February 17, 2016: ODO Serwis
  • UOKiK fine for solar telemarketing, July 2023: Gramwzielone.pl
  • Marketing consent under the PKE: Prawo.pl

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Next steps

Phone integration

Set up your phone line, introductions, and outbound calls.

Calling laws by country

Compare consent rules for AI calls across the EU, the UK, and the US.