The Omnibus Directive was already mentioned in the Compliance Series earlier this year, when new obligations for businesses were introduced into the Polish legal system. However, the directive's provisions, intended to provide broader consumer protection, raised many questions and doubts regarding the proper implementation of the obligations established therein. The above issue was therefore considered by the Office of Competition and Consumer Protection, which resulted in clarifications from the President of the Office of Competition and Consumer Protection regarding the reporting of price reductions.
From 1 January 2023, entrepreneurs introducing discounts on the products they offer (taking into account the exceptions indicated in the Act) are obliged to notify the consumer of the lowest price of a given product from 30 days before the introduction of the discount.
Importantly, as indicated in the explanations provided by the President of the Office of Competition and Consumer Protection (UOKiK), the lowest price from the 30 days prior to the discount being applied should be displayed by the obligated party wherever the discount is posted. It is emphasized that both prices (both the current price and the lowest price from the 30 days prior to the discount being introduced) should always be displayed in close proximity to allow consumers to compare them.
For the proper protection of consumer rights, it is also recommended that traders use a clear phrase about the "lowest price from 30 days before the introduction of the discount" and not replace it with other phrases that could mislead the consumer [e.g. "omnibus price" or "lowest price from the last 30 days".
It should be noted, however, that the provisions in question do not apply to so-called marketing activities conducted by businesses. Therefore, if there is no simultaneous and actual reduction in the product price, and the entrepreneur's goal is merely to promote it (e.g., by using the phrases "lowest price," "bargain," or "best offer"), the obligations referred to above do not apply.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 16, 2023
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