A new reality emerges for Polish e-commerce in 2023 – Osborne Clarke

The brand new yr introduced quite a few essential adjustments for Polish e-commerce, companies and customers alike. The brand new rules implementing the directives entered into drive on 1 January 2023.

The brand new rules will considerably have an effect on the prevailing actions of many entrepreneurs; particularly in the event that they function within the e-commerce sector. However advertising and marketing companies, entrepreneurs or bizarre customers also needs to pay attention to the adjustments.

Work on the much-anticipated implementation of those directives accelerated in Poland in late 2022, and Directive 2019/2161 or Bag Directive on higher enforcement and modernization of Union client safety guidelines; Directive 2019/771 on facets of contracts for the sale of products or Directive on the Sale of Items; and Directive 2019/770 or the Digital Content material Directive on facets of contracts for the provision of digital content material and digital companies.

These rules are largely decided by the will to safe the pursuits of customers in reference to the event of recent applied sciences and the digitization of the financial system, which interprets into the potential of reaching a variety of consumers and providing them new, more and more complicated companies or merchandise. .

Bag Directive

The Bag Directive imposes a set of knowledge obligations for companies relating to promotions and worth reductions, the accuracy of client opinions, the rating of a product in search outcomes, service provider standing and personalization primarily based on automated determination making. It additionally encompasses the performance and interoperability of digital property, digital content material and digital companies.

The Bag Directive prohibits the putting of merchandise marketed as the identical however with considerably totally different compositions or properties. It additionally prohibits the resale to customers of tickets for cultural and sporting occasions obtained utilizing automated means to avoid any limitations on the variety of tickets an individual can buy or different guidelines relating to the acquisition of tickets; for instance, utilizing bots.

Two extra directives

The Gross sales of Items Directive and the Digital Content material Directive introduce quite a few different reforms. These embody the idea of products with digital parts, comparable to adjustments within the authorized assure and assure for customers, in addition to the regulation of a brand new class of contracts for the provision of digital content material and digital companies. The brand new guidelines can even regulate contracts paid for with private information.

entrepreneur obligations

The entry into drive of the provisions implementing these directives contains quite a few obligations for entrepreneurs that should be fulfilled in a well timed method with a purpose to keep away from monetary penalties. As a result of poorly formulated rules, e-commerce retailer house owners may lose 10% of final yr’s income. On the similar time, the deadline for his or her implementation in organizations is comparatively quick, on condition that adjustments should be made accordingly, not solely in inside paperwork, but in addition in gross sales processes, together with advertising and marketing processes, and strategies of communication with clients. That is particularly essential by way of bettering the model picture. Presently, there are a selection of broadly mentioned instances of internet sites of on-line shops, the place false promotions happen the place the discounted worth is definitely larger than the common worth.

UOKiK motion

As well as, the Competitors and Shopper Safety Company (UOKiK) is following what is going on on the Web extra intensely in the mean time and has began to take motion in opposition to what? fake reviews on the internet. UOKiK has already fined two corporations for buying and selling faux opinions and rankings. The top of UOKiK mentioned: “The publication of pretend opinions on the Web is a very reprehensible phenomenon. On this means, customers are misled and their buying choices are affected. It is also not truthful to the competitors – sincere entrepreneurs do not buy rankings, which might result in worse positioning in serps, for instance.“

UOKiK additionally reviewed standard web sites for deficiencies in tagging advert content material. UOKiK made allegations in opposition to two corporations that would lead to fines of as much as 10% of turnover, and in addition to research two different entities. The editor can also be analyzed apps one of the standard e-commerce platforms in Poland, each by way of competitors and client safety. The primary of the choices is said to the abuse of dominant place, and the second is said to the usage of the abuse provision within the contracts made with the customers.

Osborne Clarke’s remark

As well as, the European Fee is working intensively on this space. Presently, the Fee is consulting on whether or not present horizontal client regulation devices are enough to supply a excessive stage of client safety within the digital setting.

The EU’s “compliance verify” on client regulation on digital justice will study the adequacy of its present guidelines to take care of client safety points comparable to: use of dark patterns, personalization functions and influencer advertising and marketing. Different areas of focus will embody contract cancellation potentialities (some jurisdictions have a cancel button that makes this course of considerably simpler for the patron), subscription service contracts, advertising and marketing digital gadgets – for instance, so-called “skins” in video video games. and addictive use of digital merchandise.

Nationwide competitors and client safety authorities are prone to proceed investigating the actions of on-line entrepreneurs, so nobody can proceed with out adapting to the upcoming adjustments.