In brief
- Email and SMS: without consent only to published contacts of sole traders and legal entities, with sender details and an opt-out in every message (§ 116(15)).
- Phone: not to numbers on the do-not-call list and not to anyone who has objected (§ 116(8)).
- Automated calls: only with consent (§ 116(3)).
- For sole traders the GDPR also applies. This article is general information, not legal advice.
Compared with Germany or Austria, the Slovak rules for approaching businesses are more permissive: you may write to the published contacts of businesses even without consent. The exception has conditions, however, and other rules apply alongside it. This overview is based on the version of the act in force from 18 August 2026.
The basic rule: consent
Section 116 of Act No. 452/2021 Coll. on electronic communications governs unsolicited communications. Under paragraph 3, automated calling systems, fax, email, SMS and MMS may be used for direct marketing only with the prior demonstrable consent of the subscriber or user. Under paragraph 4, contacting people through these channels in order to obtain consent is prohibited.
The exception for published business contacts
Paragraph 15 provides that prior consent is not required for direct marketing of one’s own similar goods and services to existing customers, or for “direct marketing addressed to the published contact details of a subscriber or user who is a natural person entrepreneur or a legal entity”. Three conditions apply to this exception:
- the recipient must be given a simple, free way to refuse further use of the contact at any time, in every message received;
- sending emails that do not reveal the identity and address of the sender, to which the recipient can send a request to stop, is prohibited;
- the message must not encourage visits to a website in breach of a special regulation.
The decisive word is published. The act does not define it further, so keep a record for every contact of where and when the business published it. Our exports include contact source and source date columns for this purpose.
Mind the Electronic Commerce Act
Section 4(6) of Act No. 22/2004 Coll. on electronic commerce states that a service provider may not send commercial communications by email unless the recipient has requested them in advance. How this provision relates to the exception in § 116(15) of the Electronic Communications Act is interpreted in different ways. If you are planning a large email campaign, have your approach reviewed by a lawyer.
Phone: the do-not-call list
The Regulatory Authority for Electronic Communications and Postal Services keeps a list of telephone numbers whose holders do not agree to direct marketing calls (§ 116(7)); details are set out in Decree No. 368/2022 Coll., and the list is at nevyziadanevolania.sk. Direct marketing calls to numbers on the list are prohibited, as are calls to anyone who has objected to your calls (§ 116(8)). Anyone carrying out direct marketing checks numbers against the list for a fee (§ 116(10)).
Paragraph 12 requires direct marketing calls to be made from numbers with a special national destination code reserved for that purpose. This obligation does not apply to calls to the published contact details of a sole trader or a legal entity.
When someone objects to further calls, you must confirm this to them demonstrably within 30 days under paragraph 6 and keep the confirmation for at least four years.
Letters and personal data
The Electronic Communications Act does not regulate traditional letters. For sole traders and named individuals, however, the GDPR always applies: you need a legal basis, usually legitimate interests under Art. 6(1)(f) (recital 47 states that processing for direct marketing may be regarded as a legitimate interest), you must inform the data subject under Art. 14, and you must always respect an objection to direct marketing under Art. 21(2) and (3).
Channels at a glance
You can scroll the table sideways.
| Channel | Without consent? | Conditions |
|---|---|---|
| Email, SMS, MMS | yes, to published contacts | sender and address, opt-out in every message (para. 15) |
| Phone call by a person | yes | not to numbers on the list or to anyone who has objected (para. 8) |
| Automated call, fax | no | prior demonstrable consent (para. 3) |
| Letter | yes | GDPR for individuals (Arts 6, 14, 21) |
Sanctions
For breaches of § 116(3) to (6), (8), (12) and (14) to (16), the regulator may, under § 124(3), fine a legal entity or a sole trader between €200 and 5% of turnover for the previous accounting period. For GDPR breaches the supervisory authority is the Office for Personal Data Protection of the Slovak Republic.
Checklist before a campaign
- Keep the source and publication date for every email address.
- State the sender, their address and a simple way to opt out in every message.
- Check phone numbers against the do-not-call list before the campaign.
- Keep a list of opt-outs and objections and check it before every campaign.
- Mark sole traders and prepare the information under Art. 14 GDPR.
- If in doubt, have your approach reviewed by a lawyer.
How our export is built is shown on the export and sample file page; sources are described in the methodology. What to look out for when buying a list is covered in Buying a company database.
Frequently asked questions
May I send a business a sales email without its consent?
Under § 116(15) of Act No. 452/2021 Coll., prior consent is not required if the direct marketing is addressed to the published contact details of a sole trader or a legal entity. The message must state the identity and address of the sender, and every message must offer a simple, free way to refuse further messages.
What counts as a published contact?
The act does not define the term further. A contact is usually regarded as published if the business itself has listed it on its website, in a directory or on a public list such as a chamber register. Keep a record of where and when the contact was published; an email address taken from a domain’s WHOIS record is not a contact published for business communication.
Does the exception cover employees’ personal email addresses?
The exception refers to the published contact details of the business. An employee’s personal address that the company has not published is not covered, and it is also personal data.
May I phone businesses with an offer?
Direct marketing calls are prohibited to numbers on the list kept by the regulator and to anyone who has objected to such calls (§ 116(8)). Automated calling systems without human intervention require consent (§ 116(3)).
What is the fine for breaching § 116?
Under § 124(3) of Act No. 452/2021 Coll., the Regulatory Authority for Electronic Communications and Postal Services may fine a legal entity or a sole trader between €200 and 5% of turnover for the previous accounting period.
As of 25 October 2026. Act No. 452/2021 Coll. in the version in force from 18 August 2026 (§ 116 is identical in the version from 1 January 2027) and Act No. 22/2004 Coll. in the version in force from 28 June 2025, both according to Slov-Lex. Quotations are our translations from Slovak. This article is general information and does not replace legal advice in a specific case.
