Amendments to the Act on Consumer Rights

The stage of public consultations on the draft act on amending the act on consumer rights and certain other acts, prepared by the President of the Office of Competition and Consumer Protection, has come to an end. The purpose of the act is, inter alia, implementation of Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directive 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council into the Polish legal system with regard to better enforcement and modernization of EU rules on consumer protection ("Omnibus Directive"). The proposed regulations should be adopted by November 28, 2021 and should enter into force by May 28, 2022.

Discounted prices. Among the proposed solutions, there is an obligation requiring professional sellers, in each case of a reduction in the price of a good or service, to show, in addition to information about the reduced price, also information about the lowest price of this product or service that was in force in the period of 30 days before the introduction of the reduction. This regulation is aimed at counteracting false price reductions.

Distance selling contracts. Another group of proposed regulations concerns distance selling contracts, in particular during shows, tours or visits to the consumer's place of residence which have not been previously arranged.

The new regulations stipulate that the distance selling contracts for medical devices will be invalid.

The contract for the provision of financial services concluded during the show or tour will also be invalid by law.

It will be forbidden for the entrepreneur to accept payments from the consumer before the deadline for withdrawing from the contract in the event of concluding the contract during a trip or during an unordered visit of the entrepreneur at the consumer's place of residence, or a show unless the show was organized at the consumer's place of residence at the consumer's explicit invitation.

The deadline for withdrawing from the contract concluded during an unexpected visit to the place of residence of the consumer, or during the trip will be extended from 14 to 30 days.

Online trading platforms. Another group of regulations will apply to providers of online trading platforms (such as Allegro or Amazon). The provider of online trading platforms will be obliged to inform about:

  • the main parameters determining the ranking of the offers presented to the consumer as a result of the search and the importance of these parameters compared to other parameters,
  • whether the third party offering goods, services or digital content on the online trading platform is an entrepreneur, based on that person's declaration to the online trading platform provider;
  • non-application of the provisions relating to consumers to a contract concluded on an online trading platform, if the party to the contract, offering goods, services or digital content, is not an entrepreneur;
  • the division of obligations related to the contract concluded by the consumer on the online trading platform between a third party offering goods, services or digital content and the provider of the online trading platform.