Three EU directives – 2019/770 (Digital Directive), 2019/771 (Goods Directive) and 2019/2161 (Omnibus Directive) are due to be transposed into Polish law next month. They concern a number of issues, including claims made on the basis of a guarantee, digital content delivered electronically, as well as the obligation to inform. A Legal Geek expert explains what the changes mean for sellers.
E-commerce and store regulations have yet to undergo changes as frequently as they have over the past dozen months. Already in May, a number of other regulatory changes concerning, among other things, consumer rights, are due to come into force. The purpose of these amendments is to implement three EU directives into Polish law – 2019/770 (Digital Directive), 2019/771 (Goods Directive) and 2019/2161 (Omnibus Directive). Laws implementing the aforementioned directives are due to come into force on May 28. However, work on the final wording of the amendment is not yet complete and there is no certainty as to the date and final content of the documents.
– The first part of the changes was to come into effect on January 1 of this year and it is for this date that we have prepared the regulations in our Creator. However, they have not yet seen the light of day, as we are still awaiting the entry into force of the Polish law, explains Zofia Babicka-Klecor, lawyer and CEO of Kreator Legal Geek, a solution that provides automated legal services to shops. in line. . – Will all changes take effect in May? Hard to say. We can follow the legislative process and be ready to implement the amendment – he adds.
The planned regulatory changes will bring a number of changes for e-commerce platform providers, but they will also bring many challenges to online shops and platforms offering software to run online shops in the SaaS model.
Discounts on goods under the new rules
One of the main elements of the planned changes are the new information requirements related to reductions in the prices of goods. In such a situation, it will be necessary to show, in addition to the reduced price, the lowest price of the goods that was valid in the 30-day period preceding the introduction of the discount. On the other hand, in the case of new online stores or new products that do not have a 30-day comparative period – the lowest price that was in effect in the period from the introduction of the product to the ‘offer.
Unclear regulations – a challenge for the food industry
While the regulations for standard products are quite understandable, the provisions concerning the food industry raise many doubts. According to the Polish draft law, in the case of goods that deteriorate rapidly or have a short shelf life, the information on the reduced price is accompanied by the information on the price before the first application of the reduction.
– The formulation “the price before the first application of the reduction” raises many doubts of interpretation. A linguistic interpretation of the proposed provision can lead to the conclusion that in the case of products that have been on the market for a long time, it will be necessary to reach even prices from several years ago. However, this does not seem to be the goal of the legislator – says Zofia Babicka-Klecor.
Due to the lack of precision in the regulations, entrepreneurs are forced to adapt to the new law and do not know how to do it correctly. This applies both to individual grocery stores and to online store software providers who want to update their e-commerce tools appropriately.
– We were waiting for the draft regulation on the display of prices of goods and services in the hope that it will dispel our doubts, but unfortunately it does not bring anything new to the problem – explains the lawyer of Legal Geek. – In my opinion, the recourse to a linguistic interpretation takes us away from the aim of the legislator. It seems reasonable for the seller to inform about the first price of the goods of a given batch, having the same expiry date. Perhaps in the final version of the new law or new regulation, this major gap in interpretation will be removed. – he adds.
The online store must have a phone number
– Based on current consumer rights law, it is possible and legal to omit the telephone number from the contact details. The implementation of the Omnibus Directive will change this and the telephone number will become mandatory information on the seller’s website – explains Zofia Babicka-Klecor.
For at least some micro-entrepreneurs, providing a phone number on the website is quite a hurdle. Especially if they work alone and combine it with other professional or private activities. For this reason, some e-merchants decide to only provide communication channels that allow them to contact customers in a time and in a form that suits them. Soon, such a practice will be illegal and a new challenge will appear for a group of e-merchants who operate an online store part-time or, for example, on maternity leave.
Giving the phone number is not enough, you still have to pick it up
While providing a phone number isn’t a difficult task, ensuring customers can effectively contact the seller in this way is. Providing an unreachable number can quickly frustrate the buyer and damage the opinion of the e-store. It can also damage their credibility.
– Already, the law on consumer rights requires that the contact details available on the store’s website ensure fast and efficient communication with the entrepreneur. This will not change and the requirement will remain, including the phone number. Unfortunately, the legislator does not indicate how he understands such communication – adds the founder of Kreator Legal Geek.
Up-to-date information on the course of the legislative process can be followed on the websites of the government, parliament and in the sector media.