Changes to the rules for unsolicited communications in Slovakia

A recent amendment to the Act on Electronic Communications, reacting mainly to the adoption of the EU’s Gigabit Infrastructure Act, also revises the framework for unsolicited communications in Slovakia, with effect from 12 November 2025.

Direct marketing

Under the updated legal definition, 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, including the collection of information about goods and services from the subscriber or user.

The explanatory note to the respective amendment states that the definition adjustment is intended solely to clarify the provision and does not expand the scope of “direct marketing.” It further explains that “direct marketing”:

• includes statistical surveys, analytical surveys, preference surveys, and other profiling of individuals in connection with goods or services; and
• excludes election polls and customer satisfaction surveys that are not commercial in nature.

Removal of the option to obtain consent by phone

Under the previous rules, it was permissible to obtain prior consent for direct marketing by calling individuals and requesting their consent. The amendment to the Act on Electronic Communications abolishes this option, in light of certain unlawful practices that the approach enabled.

While it will not be possible to call individuals to obtain their consent for direct marketing (typically consent for email marketing), telemarketing itself remains subject to an opt-out regime and does not require prior consent (the amendment also removes the illogical concept of “withdrawal of objection” to telemarketing). Calls for direct marketing purposes are prohibited only with respect to individuals who have opted out by registering on the Robinson list.

Time limit for using customers’ contact details

The direct marketing of a company’s own goods and services is subject to an opt-out regime where the marketer obtains the individual’s contact details in connection with the sale of similar goods or services. The amendment to the Act on Electronic Communications limits the use of such contact details to one year following the termination of the contractual relationship with the individual.

Conclusion

The amendment to the Act on Electronic Communications removes several problematic aspects of the unsolicited communication regulation in Slovakia. While this is a welcome step, there remains room for further improvement. Nevertheless, businesses must be prepared to comply with the amended provisions from 12 November 2025, when the changes take effect.