The Omnibus directive – getting closer to the implementation of key regulations for the e-commerce market in Poland

Status of Omnibus implementation in Poland

In July this year. for reading in the Sejm of the Republic of Poland. The Omnibus Directive (draft act amending the act on consumer rights and some other acts; form no. 2476).

Directive (EU) 2019/2161 of the European Parliament and of the Council of November 27, 2019 is currently registered on the trade market in the European Union, including Poland. The deadline for implementation into the Member States of the EU country has passed in the country of the year. The deadline (May 28, 2022) for the commencement of the imposition of regulations that each country is obliged to implement as part of the implementation also lapses.

What is the Polish draft law implementing the Omnibus?

It is pending in the European implementation which introduces the serial Omnibus which is good for electronic traders.

The draft introduces the definition of the online trading platform and the provider of the online trading platform and a number of obligations for the suppliers of such platforms (market). Changes in distance and off-premises trading are key. Another challenge for the prohibition of placing a space may be the end to withdrawal from the contract in contracts concluded on.

The Polish project also contains catalogs of misleading unfair market practices, e.g. against the background of product placement in product search engines or the so-called double quality products.

In the next period, the project introduces the rules of informing about goods and, in this period, the availability of prices for the period of 30 days before the introduction of the reduced prices.

Implementation of the Omnibus directive in other EU countries

The implementation status of the Omnibus Directive in other Member States varies. For example, EU regulations are still awaiting transposition in Italy, while, for example, the Netherlands and France have already implemented relevant regulations in their legal systems.

At the level of detailed legal solutions, the manner of implementing the directive in individual EU countries may differ slightly. The aim of the directive as an EU legal act is to harmonize, but not unify, national regulations. Entrepreneurs selling their products via an online store simultaneously in different EU countries should take these circumstances into account when ensuring that their activities comply with specific local requirements.

As part of the legal services provided by our Law Firm, we offer legal support in adapting the activities of e-commerce companies to the new regulations, including on foreign markets.