Implementation of the Omnibus Directive
DRAFT ACT AMENDING THE ACT ON CONSUMER RIGHTS AND OTHER ACTS (DRAFT OF 06/24/2021)
[Omnibus implementation]
Summary
The amendments introduced by implementing the Omnibus Directive are largely driven by the need to implement Directive 2019/2161 amending various directives to ensure better enforcement and modernization of EU consumer protection rules (“Omnibus Directive”). The aim of the aforesaid Directive is to adapt consumer regulations to the increasing digitization of the economy and new business models.
Impact
The implementation of the Omnibus Directive constitutes amendment to a number of laws on consumer rights. The Act of May 30, 2014 on Consumer Rights will be amended to the most material extent. In addition, the following regulations will be also modified:
- Act of February 16, 2007 on Competition and Consumer Protection
- Act of August 23, 2007 on Combating Unfair Commercial Practices
- Act of May 9, 2014 on Information on Prices of Goods and Services.
The Omnibus Directive distinguishes between the digital services and digital content and introduces regulations to protect consumers with respect to contracts involving digital services. It will also regulate the issue of consumer protection in the case of contracts under which consumers do not pay any fee but provide personal information in exchange for the consideration they receive.
The information obligations on entrepreneurs, in particular providers of on-line trading platforms, whose definition is provided for in the draft Omnibus Directive, will also be extended. The aforementioned entities will be required to provide information to ensure transparency in trading between entrepreneurs and consumers operating on the trading platform. The extension of the blacklist of unfair market practices contained in the Act on Combating Unfair Commercial Practices and the catalog of relevant information in the context of misleading omissions, taking into account the specificity of trading platforms, will also serve this purpose.