Poland

Relevant legislation or guidelines 

Legislation:

• Polish Act on Combating Unfair Competition - prohibition of misleading advertising.
• Polish Act on Unfair Commercial Practices - prohibition of misleading advertising.
• Polish Act on Competition and Consumer Protection - prohibition of acts contrary to collective consumer interests.
• Financial Markets Regulations - in particular SFDR (i.e., Sustainable Finance Disclosure Regulation which is EU Regulation no. 2019/2088 on sustainability‐related disclosures in the financial services sector) and the Polish Act on Financial markets Supervision).

Guidelines:

• Code of Ethics in Advertising - prohibition of greenwashing (misleading advertising related to sustainability / environmental protection).

Is there any upcoming relevant legislation or guidelines?

N/A

Who are the responsible authorities or bodies?

• Civil courts.
• Polish consumer protection authority - President of UOKiK (Urząd Ochrony Konkurencji i Konsumenta - Office of Competition and Consumer Protection).
• Polish financial markets regulator - KNF (Komisja Nadzoru Finansowego - Financial Supervision Authority).
• Advertising Ethics Committee of the Advertising Council (non-governmental body).

What are the enforcement measures?

• Any unlawful green advertising results in: potential cease and desist claims (which can be pursued in a motion for preliminary injunction before launching the main action); damages; claims for publication of information on the judgment in media; and recovery of unjustly gained benefits.
• Administrative sanctions for practices infringing collective consumer interests – inter alia prohibition of the practice and financial penalty up to 10% of a company's previous year revenue. Financial penalties can also be imposed on board members (up to PLN 2 mln).
• Administrative sanctions for non-compliant sustainability‐related financial disclosures – inter alia prohibition of the practice and financial penalty up to PLN 21.569.000 or 3% of net revenues from the sale of goods and services and financial operations, and in the case of an insurance company - 3% of the gross written premium or three times the amount of benefits gained or losses avoided as a result of a breach - if it is possible to determine them. Financial penalties can also be imposed on board members (up to PLN 3.019.660).
• A decision of Advertising Ethics Committee of the Advertising Council is a declaratory decision, however, it can be used in a separate court proceedings, in which it will likely impact the result of the case.

Who can pursue infringements?

• Civil claims related to acts of unfair competition can be pursued by competitors or associations of entrepreneurs.
• Civil claims related to for unfair market practices can be pursued by consumers or NGOs established for protection of consumers’ interests.
• Administrative sanctions for practices infringing collective consumer interests can be imposed by President of UOKiK.
• Administrative sanctions for non-compliant sustainability‐related financial disclosures can be imposed by KNF.
• The action before the Advertising Ethics Committee of the Advertising Council can be pursued by consumers or competitors.

What are the general rules of thumb for green claims?

• Green claims should not be misleading.
• Green claims must be based on true, pertinent and scientifically verifiable evidence.
• Sustainability‐related disclosures in the financial services sector must be transparent, accurate, fair, clear, not misleading, simple and concise - SFDR provides extensive rules on the transparency requirement.
• Advertisements containing general phrases such as “environmentally friendly” or “ecologically safe” should indicate the precise effect of the product and the information should be available at the point of sale, enclosed to the product or should be presented to the beneficiary in a publicly accessible way (Article 37 of the Code of Ethics in Advertising).
• When advertisements refer to the reduction the quantity (number) of components or elements having an environmental impact, the information indicating the precise positive effect of the product must be true and available at the point of sale or enclosed to the product and should be presented to the beneficiary (Article 38 (1) of the Code of Ethics in Advertising).

Do green claims need to be substantiated by evidence?

• Green claims should be supported by factual evidence that can be verified.
• In the event that a green claim is challenged before a court or by administrative authorities, the evidence supporting the claim should be provided.