Selected Legal and Interpretative Aspects of the Provisions Implementing the Directive 2019/2161 of 27 November 2019 as Regards the Better Enforcement and Modernisation of Union Consumer Protection Rules (Omnibus)

The purpose of this article is to present selected legal and interpretative aspects that emerged during the legislative work on the draft act implementing the provisions of the Omnibus Directive. Selected problems will be briefly discussed and a legislative solution will be presented which, in the opinion of the drafters, best reflects the purpose of the EU regulation. In particular, this text will address issues related to interpretative aspects of implementing a provision that extends the scope of application of the provisions on consumer rights to digital services provided in exchange for personal data; grounds for distinguishing between online digital content and a digital service; differences in the right to withdraw from the contract on online delivery of digital content and digital services in return for the payment of a price and in return for the supply of personal data; as well as the framing of the definition of an online marketplace and an online marketplace provider in the context of the Directive's objective and the concept of consumer definition under national regulations.