Implementation of DCD and SGD – FAQ

DRAFT ACT AMENDING THE ACT ON CONSUMER RIGHTS AND CERTAIN OTHER ACTS (DRAFT OF THE MINISTRY OF JUSTICE 29/06/2022)

  1. Do the new rules governing consumer warranties and guarantees and contracts for the supply of digital content or digital services apply only to contracts with consumers?
    • The subject provisions will apply to a contract signed both with a consumer and a natural person who enters into a contract directly related to their business activity, if it is clear from the content of such contract that it is not of a professional nature for that person, in particular the professional nature does not arise from the subject matter of their business activity made available on the basis of the provisions of the Central Registration and Information on Business of the Republic of Poland.
  2. Is it only a contract under which an entrepreneur undertakes to supply digital content or digital services to a consumer against payment, including the digital content or digital services prepared according to the consumer’s instructions, that may be considered the contract for the supply of digital content or digital services?
    • No, the contract for the supply of digital content or digital services will also exist where the consumer undertakes to pay for the supply of personal data, unless the personal data supplied by the consumer are processed by the entrepreneur solely for the purposes specified in the Act.
  3. Does the fact that consumer warranties are regulated in the Consumer Rights Act (rather than the Civil Code, as has been the case to date) bring about practical changes?
    • Yes, the new consumer warranty regulation contained in the Consumer Rights Act provides for an extension of the limitation period for consumer warranty claims in certain situations (e.g. claims arising from a sale or supply contract) from 2 to 6 years. This is a consequence of the exclusion in the aforementioned cases of the application of the provisions previously regulating the limitation period of consumer claims under warranty.
See also:
Implementation of DCD and SGD – table of contents
Implementation of DCD and SGD – table of contents
DCD and SGD implementation - impact and requirements
DCD and SGD implementation – impact and requirements
Implementation of DCD and SGD – what we provide
Implementation of DCD and SGD – what we provide

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