Poland is to implement by the end of June Directive 2019/2161, The Omnibus Directive. Entrepreneurs and consumers will have to adapt to new information obligations and new rights to trade personal data.
The directive aims to strengthen the partnership on the buyer-seller line. It is designed to protect against unfair marketing practices and also to ensure the security of the buyer's data.
Some of the changes made:
The buying algorithms can detect that we will buy a given product, so we see a higher price. Such practice is to be cut short and the application of it involves the risk of major financial penalties.
Introduction in case of promotion of the need to specify the lowest product price in the last 30 the days before the start of the marketing action. This also applies to traditional trade.
There are exceptions to this principle, namely, restrictions do not apply to goods which are quickly marketable because their prices are very liquid, especially in the period of inflation.
Sales are also included in the exclusion directory 3 products at price 2, loyalty programmes and actions granting points for the purchase of specific products. Failure to comply with these obligations may result in fines to 20,000 PLN, and even to 40,000 PLN if the infringements are repeated three times in the perspective 12 months.
If the application of fictitious reductions is considered to be a practice affecting the collective interests of consumers, the maximum penalty may be up to 10% the turnover achieved in the financial year preceding the year of imposition of the penalty.
The publication of consumer opinions must take place fairly, which means that the seller must provide information confirming that the product in question has actually been bought by the commentator, not, as is often the case, the boot.
Suppliers on trading platforms will be obliged to inform about the scope of the obligations of the provider of the service and the obligations of the provider of the online trading platform.
The dual quality practices of products are to be reduced. In the EU, the supplier may not place goods on the market in the same package under the same brand but with different composition and sensory profile.
Personal data will become legalized currency. This means that e.g. "purchase" of webinar or e-book for personal data will become completely legal.
Legal basis
Directive 2019/2161 of 27 November 2019 amending Directive 93/13 and Directive 98/6, Directive 2005/29 and Directive 2011/83 for better enforcement and modernisation of EU consumer protection legislation.
Act dated 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287 t.j).