Omnibus Directive – further changes to consumer protection law

Damian Dobosz

30 May 2022 

Starting from 28 May 2022, sellers and service providers in the European Union must comply with new rules under Directive 2019/2161 as regards the better enforcement and modernisation of Union consumer protection rules (Omnibus Directive).

The Omnibus Directive aims to increase consumer protection in e-commerce transactions with respect to product pricing and ranking by sellers and to prevent them from artificially manipulating prices.

New requirements for online sales

Sellers and service providers will have new obligations, including:

• providing information about the lowest price applied 30 days prior to reducing the product price;
• offering special pricing for goods which are liable to deteriorate or expire rapidly;
• providing information about product ranking rules and paid advertising used;
• publishing product reviews originating only from consumers who have actually purchased the product;
• providing information about the main parameters used to rank products and offers;
• providing information on how legal obligations towards consumers are shared between the service or digital content provider and the online marketplace provider.

We have highlighted above only the most important recent developments in consumer protection law. The obligations imposed on traders vary depending on whether sales are made online or in a brick-and-mortar store.

Penalties

Traders can expect a fine of up to 20 thousand zloty from the Provincial Trade Inspection Office if they fail to comply with the new regulations on price transparency. If a trader violates the regulations again, the fine increases up to 40 thousand zloty.

Moreover, the President of the Office for Competition and Consumer Protection may consider non-compliance with the new regulations as a practice infringing collective consumer interests and impose a fine of up to 10% of the trader's turnover.

How to prepare for the changes?

We recommend that you prepare for the changes by: 

• updating your terms and conditions of sales;
• updating prices of your products;
• reviewing the rules for discounted pricing;
• scrutinising advertisements for compliance with consumer protection laws;
• reviewing the rules for preparing and using rankings;
• reviewing your product ranking rules and compliance with information obligations towards consumers;
• training your staff in the latest changes in consumer protection law.

If you have any questions, you are welcome to contact Rödl & Partner experts.