Poland: Key changes to consumer law – coming soon

The key changes resulting from the EU Directives’ implementation are:

• new rules on consumer guarantees and warranties will be in place, 
• a new category of goods is to be introduced, i.e., the so-called goods with digital elements, 
• a new category of contracts is to be introduced, i.e., the so-called contracts for the supply of digital contents and services. 

The changes will significantly affect both e-commerce and traditional sales activity. As a result, businesses will have to implement new obligations both at the level of the documents they use in their B2C relations and in their complaints handling procedures.

On 27 October, the upper chamber of the Polish Parliament (“the Senate”) introduced amendments to the Bill. Further work on the Bill (i.e. the report of the Committee on Economy and Development on the Senate's amendments) is scheduled in the Sejm for November The Bill  provides for a 14-day interval between the enactment of the law and its entry into force (vacatio legis).  

Simultaneous work is underway on the implementation of the so-called Omnibus Directive in Poland, which introduces significant changes in terms of, i.a., information on price reductions, which we discuss in more detail here.

Below we discuss the key changes in more detail.

• Consumer warranty realigned:
  • The time limit for responding to non-consumer warranty complaints will be shortened from 30 to 14 days, and the 14-day time limit for warranty related complaints is expected to be maintained.
  • The bill introduces a hierarchy of consumer requests.  The consumer may first request repair or replacement and only then call for a price reduction or withdraw from the contract.
  • The time limit for the presumed conformity of goods with the contract has been extended from one to two years, counting from the actual delivery of specific goods.
    
    
• Smart devices aka goods with digital elements:
  • The concept of goods with digital elements has been introduced to refer to goods that are equipped with smart functions (so-called smart devices).
  • The seller is to be liable for defects in goods with digital elements on the same basis as is the case for traditional goods. However, some additional exemptions will apply.

• Contracts for providing digital services:
  • A new category of contracts has been introduced, i.e., a contract for the provision of digital services.  These will include, for example, contracts with streaming platforms, but also contracts for the provision of a platform or internet service.
  • The concepts of digital service compatibility, functionality and interoperability have been introduced, of which the service provider is required to inform the client before and after concluding the contract (on a durable medium). For example, information should be provided on the minimum requirements for the equipment needed to use the digital service.
  • Liability for digital services has been introduced on a similar basis as liability for defects in goods, which will involve the need to adapt complaints procedures and processes, including appropriate staff trainings in the areas of handling customer services and complaints. 

The proposed changes and solutions remain subject to further modification during legislative work at the Sejm.

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 online and offline aspects of your business.