Poland: A revolution in handling consumer complaints – implementation of the Digital Services Directive, the Sale of Goods Directive and the Omnibus Directive
Written By
Associate
Poland
I am an associate in the Competition & Consumer Protection team, specialising in drafting and negotiating IT contracts.
Counsel
Poland
I am a Counsel in Warsaw, where I co-head our Competition & Consumer Protection team.
On 1 January 2023, three EU directives were implemented into Poland’s national law: the Digital Services Directive, the Sale of Goods Directive, and the Omnibus Directive. This will impact consumers, as well as all entrepreneurs in both e-commerce and traditional retail.
The Digital Services Directive and the Sale of Goods Directive
The Digital Services Directive and the Sale of Goods Directive (the “EU Directives”) introduce some key changes:
- the notion of goods with digital elements, and regulations that apply to such goods;
- contracts for the provision of digital content or digital services, with separate provisions on the presumed conformity of these services with the contract, liability for non-conformity, etc.;
- ·new guidelines for assessing the conformity of goods or digital services with the contract;
- a change in the hierarchy of consumer protection measures – as a general rule a consumer must first request repair or replacement, and only then may request a price reduction or withdraw from the contract.
Further, the Polish implementation of the EU Directives results in the following changes in practice:
- separate regulation of consumers’ and entrepreneurs-acting-as-consumer’ rights in the case of goods defects (warranty);
- an extension of the time limit for the…
