New regulations implementing the Omnibus Directive, the Digital Directive, and the Goods Directive entered into force at the beginning of 2023. They introduce numerous significant changes for consumers and the protection of their rights, particularly with regard to concluding distance contracts with traders online. Below, we present the key assumptions of each of these legal acts.
Pre-promotion price information
In the event of a price reduction for a product or service, in addition to information about the reduced price, businesses will also be obligated to display information about the lowest price for that product or service in effect during the 30 days prior to the introduction of the reduction. This regulation also applies to products or services that were offered less than 30 days prior to the price reduction. In addition to information about the price reduction, businesses will also be obligated to display information about the lowest price for that product or service in effect from the date the product or service was offered for sale until the date the reduction was introduced. These obligations also apply to advertising for products or services that includes price information.
New definitions
Two concepts have been legally defined: online marketplace and online marketplace provider .
An online marketplace is a service using software, including a website, part of a website, or an application, operated by or on behalf of a trader, which enables the conclusion of distance contracts. In turn, an online marketplace provider, as defined in the Act and the Omnibus Directive, is an entrepreneur who operates an online marketplace, provides an online marketplace, or facilitates the use of such a platform.
Product reviews in the online store and phone number
It is common practice for consumers to base their decision to purchase a specific product or service on the opinions of other users. The directive obliges sellers to inform potential customers how they collect and verify opinions about the products or services they offer. Furthermore, the directive obliges sellers to provide their customers with a telephone number.
Personal data as currency
The new regulations also regulate situations in which a consumer, in exchange for digitally delivered content, provides the seller with their personal data instead of payment. This is intended to provide these consumers with the same level of protection as consumers who pay with cash.
Warranty – new rules
Previously, the issue of warranty was regulated solely by the Civil Code. The amendment to the Consumer Rights Act regulates this matter more comprehensively. In the case of goods, the seller will be liable for defects discovered within two years of delivery. If the consumer wishes to file a complaint, the seller has the right to first consider it as a repair or replacement. Only a refusal to replace the product or failure to do so will the consumer be able to request a refund or a price reduction for the complained product. In the case of repair or replacement, the seller will normally bear the cost of returning the goods, as well as the cost of collecting them from the consumer. If the customer wishes to return the damaged goods, they should do so immediately at the seller's expense. The seller should refund the funds as soon as possible, but no later than 14 days from the date of receipt of the goods or proof of their return.
New deadlines – complaints
Previously, customers had one year to file a complaint. Under the new regulations, they have two years from the date of shipment. For used goods, the one-year period will continue to apply. Previously, sellers were required to respond to complaints within 30 days. This period has been shortened to 14 days.
Please note that these are not all of the changes introduced to the Polish legal system as of 1 January 2023, but only those that are key to running a business.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 25, 2023.
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