The Omnibus Directive soon to be implemented into Polish law

The proposed changes, to the extent they refer to the price reduction, will affect all traders regardless of their industry and channels of operation. Further, new provisions impose new obligations on providers of online marketplaces and provide consumers with greater protection relating to digital content and services that consumers pay for with their personal data. The Bill also introduces new rules of concluding off-premises contracts for provision of financial services. 

The Bill has now been forwarded to the upper house of the Polish Parliament (“the Senate”). The Bill provides for a short vacatio legis period (14 days) so there is not much time left to comply with the new requirements.

At the same time, work is underway to implement two other directives, namely the Sale of Goods Directive and the Digital Services Directive, which will significantly reshape, i.a., the rules of handling consumer complaints as discussed in detail here.

In practice, the changes proposed in the Bill will require traders to:

• adapt their terms of service and policies to the new requirements, 
• adjust the sales processes, both in online and offline channels, 
• review their existing models of announcing price reductions and organising promotions and sales.

The key changes include:

• Announcing price reductions
  • Traders will be required to announce price reductions in a way that allow consumers to compare the reduced price with the prices applied during the period of 30 days prior to the reduction.
  • The changes will include announcement of price reductions regardless of the applied sales channel (online or offline).
  • The changes will refer to the price reductions for both goods and services.
    
• Payment with personal data
  • The Bill introduces a new category of contract with consumers under which a trader provides online digital content or services to consumers in exchange for their personal data.  
  • In practice, the change means new information requirements and new rules for terminating and withdrawing from such contracts.
  • Examples of areas to which these provisions apply include the operation of any service/application a customer receives access to in exchange for the personal data provided if the service provider uses such data not only for the purposes of provision the services but also, e.g. for marketing purposes.
    
• Online marketplaces
  • The Bill introduces new information requirements for providers of online marketplaces, e.g. the requirement to inform whether the platform provider uses a price personalisation mechanism.  
  • Traders will be required to adjust the processes within a marketplace in such a manner so as to ensure compliance with the new information requirements. Sellers will be required, i.a., to state whether they are offering their goods as traders (so that consumers are aware of their rights under the contract concluded).
  • Consumers will also need to be informed about who is responsible for, e.g. the processing of payments and delivery of goods.

Individual solutions set forth in the Bill may be changed at a later stage of the legislative work.

Bird & Bird's Intellectual Property team is tracking the developments in the legislative process in this area. You are most welcome to contact us on all matters relating to the e-commerce law.