Many foreign entities doing business in Poland communicate in a foreign language. Notwithstanding that, documents concerning personal data protection should be prepared in Polish or in a bilingual version. Otherwise, the President of the Personal Data Protection Office (PDPO) may challenge that practice as being incompliant with the GDPR regulations.  

Clear communication
 

Transparent communication is one of the fundamental duties GDPR imposes on a personal data controller. 

Article 12 of GDPR lays down the basic requirements applicable to the method of communicating with a data subject. It obligates the controller to provide the data subject with information in the form of concise, transparent and understandable messages while using clear and simple language. 

A controller is not just responsible for adhering to the rule of transparency but must also be able to demonstrate that it has observed this principle in line with the rule of accountability (according to Article 5 section 2 of GDPR).

Language in which documentation concerning personal data protection is kept
 

GDPR does not stipulate outright the language in which documentation concerning personal data protection should be kept. The controller is duty-bound to design its personal data protection system so that it is compliant with GDPR, i.e. it is clear and transparent. 

The President of PDPO believes, however, that documentation pertaining to the processing of personal data in an entity operating in Poland should be kept in Polish, which does not preclude some other language. Preparing documents solely in English (or some other foreign language) is, in the opinion of the President of PDPO insufficient for a controller functioning in the Polish legal system to demonstrate compliance with GDPR. 

In addition, the President of PDPO draws attention to the binding force of other legal acts in Poland besides GDPR that govern the rules for processing personal data such as the personal data protection act, the act on the domestic system of cybersecurity and other legal acts governing legally protected secrets and data protection in various sectors. The internal documentation in force in international groups should therefore also take Polish legislation into account.

The language of communication with employees
 

According to the President of PDPO, the fact that a controller’s employee does not use the Polish language does not release him or her from communicating in Polish too when it comes to the processing of personal data. It is understandable that in such a circumstance a controller should communicate with an employee in another language, one he or she understands.

Implementing the regulations of labour law
 

Pursuant to Article 7 section 1 of the Polish Language Act, the Polish language is used when applying the regulations of labour law if the person doing the work resides in the Republic of Poland at the time of entering into the contract and the contract is to be performed or is being performed in the Republic of Poland. 

If video monitoring is implemented in a work establishment, the requirements placed on an employer by the Labour Code should be kept in mind (i.e. advising employees of the implementation of monitoring in the manner established by a given employer, providing employees before they start working with written information regarding the purposes, scope and method of using the monitoring and also stating these purposes, scope and method of using the monitoring in a collective bargaining agreement, work regulations or announcement). These documents should be prepared in Polish or in a bilingual version. 

Language of communication with the President of PDPO
 

Pursuant to Article 5 section 1 of the Polish Language Act, the President of PDPO conducts official business and makes declarations of intent in the Polish language. This means that communication with the regulatory authority should be conducted in Polish. According to the Personal Data Protection Act the President of PDPO may demand the submission of a Polish translation of documentation prepared in a foreign language. An entity submitting documentation is obligated to prepare the translation at its own expense. 

The regulations of law do not therefore rule out the possibility of submitting foreign language documents in proceedings – a party thereto will merely be obligated to supply a Polish translation of these documents. 

More articles in the PRO HR Year Book 2020.