Poland - Telekomunikacja Polska - UOKiK's decision

Telekomunikacja Polska was sending electronic invoices in the place of traditional documents to those customers who have not expressed their consent. The company has avoided a financial penalty, but has undertaken to obtain the consent of customers receiving e-invoices. In those cases in which no such consent is granted — TP SA will be required to revert to issuing paper bills.

Electronic invoices may be submitted only to those customers who have expressed their relevant consent. In the case of those consumers who refuse to provide their approval, entrepreneurs are required to furnish invoices in their paper form - as provided for in the applicable Regulation by the Minister of Finance. Meanwhile, Telekomunikacja Polska SA was sending an electronic image of the invoice to e-mail addresses or individual web portal accounts of those subscribers who have not accepted this form of document delivery.

The President of UOKiK decided that by by-passing the legal requirement to obtain the customers’ consent for the reception of electronic invoices replacing their paper counterparts, TP SA has violated the consumers’ collective interests. The operator has been obliged to obtain the missing consents of customers receiving electronic invoices, and to deliver, to those who refuse to provide a relevant authorization, invoices in their paper form. The operator has 120 days from the decision becoming legally binding to comply with the aforementioned requirement. The President of UOKiK has also obliged the Company to inform the Office, within 140 days, about its fulfillment of the obligation in question.