Implementation of EU law into the Polish consumer protection law, with particular emphasis on the Omnibus Directive

Abstract

Purpose: On 1 January 2023, provisions implementing the Omnibus Directive, along with the Digital Content and Safe of Goods Directives, came into force in Poland. The aim of the implementation is to adjust consumer protection in response to advancing digitisation and new business models. This article focuses on the changes introduced to consumer protection laws as a result of the amendment of 1 December 2022 implementing the Omnibus Directive into the Polish law. Design/methodology/approach: The deliberations are based on the related subject literature and an analysis of the legal provisions applicable in the area under discussion. Findings: With the implementation into the Polish legal order of the Directive 2019/2161, legislators introduced numerous changes in consumer law, including new obligations for the providers of online trading platforms, and rules for the provision of information about price reductions of goods and services. The main implication of the implementation of the Omnibus Directive is the change from physical and legal defects to compliance (or non-compliance) of the goods with the contracts, and the extension of the limitation period for consumer claims. Adjusting their business to the new legal requirements, entrepreneurs will need to implement far-reaching organisational changes, which paradoxically, from the consumer’s point of view, could lower the traditionally perceived level of protection. With respect to the legal aspects of some of the implemented provisions selected in this article, it should be concluded that the transposition of most of the solutions of the Omnibus Directive was carried out correctly, although certain inconsistencies could not be avoided. Practical implications: Adjusting their business to the new legal requirements, entrepreneurs will need to implement far-reaching organisational changes. For these reasons, the importance of knowledge about the consumer protection, has been increasing in value. Originality/value: The article raises the issue of consumer law, which is important not only from the point of view of the customer but also from the entrepreneur’s perspective. Keywords: consumer law, implementation, digital market, entrepreneurs’ obligations. Category of the paper: viewpoint, literature review.