Brace Yourself, Omnibus is coming

What is the Omnibus?

On 1 December 2022. The President signed a law revolutionising the principles of consumer rights protection (Act of 1 December 2022 amending the Consumer Rights Act and certain other acts). After months of waiting, regulations provided for in the Directive of the European Parliament and of the Council (EU) 2019/2161 of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council with regard to better enforcement and modernisation of EU consumer protection rules, collectively referred to in Poland as the Omnibus Directive, will be introduced into the Polish legal order.

The indicated European regulations were implemented through amendments to the following laws:

1. by the Act of 30 May 2014 on Consumer Rights,

2. by the Act of 16 February 2007 on competition and consumer protection,

3. by the Act of 23 August 2007 on counteracting unfair market practices,

4. by the Act of 9 May 2014 on information on the prices of goods and services,

5. by the Act of 16 July 2004. - Telecommunications Law,

6. by the Act of 20 May 1971 - Code of Offences.

Maximisation of consumer protection

The aim of the amendments is to unify the rules of protection of consumer interests across the European Union, also taking into account the nuances arising from technological progress and access to digital goods and services. In the near future, over the course of the next few posts, I will provide an analysis of the main changes that some entrepreneurs should adapt to, as early as 1 January 2022. 

Entrepreneurs will bear the brunt of the introduction of the Omnibus

The ‘Omnibus’ regulations should certainly be looked at by traders whose business model involves the sale of goods or services off-premises, including those made during demonstrations both at the consumer's place of residence and during, for example, tourist trips. In the next entry, I will discuss the obligations and prohibitions imposed on traders using this method of reaching the customer.

The attention of this group should also be drawn to new restrictions and obligations for traders offering goods or services to consumers via online trading platforms. From the new year, there will be additional requirements regarding the information with whom the consumer concludes the contract - whether with a professional entity or with another consumer.

Those responsible for marketing should also pay particular attention to the changes. The new rules relate to ranking of offers presented to consumers and verifying the authenticity of opinions about products or services published on a given online trading platform.

Separate attention should be paid to making prices visible in case of applying price reductions, i.e. popular mechanisms preceding all ‘promotions’, ‘sales’, ‘airing of the warehouses’, etc. Infringement of the new rules, including in particular the manner of informing about price reductions, has been linked to administrative sanctions imposed by the Trade Inspection, which may amount up to PLN 40,000. 

In order to summarise the changes from the ‘Omnibus’ in one of the last posts, I will try to gather all the new information obligations which will apply to owners of online shops, but also to providers of online services and I will refer also to the issue of misdemeanour liability and liability under the acts on counteracting unfair market practices and on competition and consumer protection.