The upcoming Black Friday is a time when retailers are aggressively reducing the prices of their goods and implementing various promotional mechanisms. This is because it's the first Black Friday under the new EU directives – both the Office of Competition and Consumer Protection and the Trade Inspection Authority are conducting and will continue to conduct numerous inspections. What should you do if you receive a notice of an intended inspection?

The Trade Inspection regularly inspects the activities of businesses. Its key mission is to protect consumer rights and the economic interests of the state. The Inspectorate oversees the reliability and legality of businesses' activities in trade, production, and services, so it's no surprise that it can also cover sellers running their own online stores. While carrying out its tasks, the Trade Inspection is guided by periodic inspection plans, but it may also undertake unplanned inspections.

How is this inspection carried out?

How does a Trade Inspection inspection begin?

Typically, an inspection is preceded by a notice of its conduct. However, there are situations in which an inspection may be initiated without notice.

Notification of the intention to initiate an inspection is not required in situations such as:

• the control is carried out on the basis of directly applicable Community law,
• a threat to life, health or the natural environment has been identified,
• the entrepreneur does not have an address or the delivery of the notification was ineffective or difficult.

However, if none of the above-mentioned cases occur, the inspection will begin no earlier than 7 days and no later than 30 days from the date of delivery of the notification of the intention to initiate the inspection. An inspection may be initiated within 7 days of the date of delivery of the notification only at the entrepreneur's request.

What does such a notice look like? A sample is provided below.

The scope of the inspection is always specified in the notification. The scope of the inspection most often relates to:

• legality of business activity,
• compliance with price display regulations,
• the accuracy and reliability of the information provided to consumers.

The entrepreneur has only seven days to take appropriate action and respond. This is an exceptionally short time, so it is crucial that the online store operates in compliance with applicable regulations at all times, even if the entrepreneur never receives the notification.

However, if the Trade Inspection has already notified the seller of its intention to carry out an inspection, you cannot waste any time and should act immediately so that the inspection can run smoothly and does not hinder the operation of the store.

Is it possible to avoid an inspection by the Trade Inspection?

Preventing or hindering an inspector from carrying out inspection activities is a misdemeanor. It is punishable by up to 30 days' imprisonment or a fine of up to PLN 5,000.

Where and when is a Trade Inspection inspection carried out?

An inspection is typically conducted at the inspected entity's headquarters or place of business, during business hours. In practice, most inspections are conducted remotely—at least when it comes to online stores. A Trade Inspection inspection should be conducted efficiently, with minimal disruption to the inspected entity's operations.

The inspected entrepreneur – or a person authorized by him – does not have to be present during the inspection only if the inspection is justified by a direct threat to life, health or the environment.

What happens if none of these people can be present during the inspection?

Then it is possible to carry out the inspection in the presence of another employee or a summoned witness, who should be a public official who is not an employee of the body carrying out the inspection.

Can activities be carried out elsewhere?

Yes, the inspection may be carried out in another place where the documentation is stored with the consent or at the request of the inspected party or at the headquarters of the inspection body – with the consent of the inspected party.

How does the Trade Inspection inspection work?

The inspector conducting the inspection is required to present his or her ID to the inspected entrepreneur or his or her authorized representative. He or she also delivers the inspection authorization and informs the inspected entity of their rights and obligations.

The inspector has a wide range of powers and, what is more, may carry out other activities during the inspection that are not provided for in the Trade Inspection Act.

What rights does an inspector have during an inspection?

The catalogue of powers of the inspector during the inspection includes, among others, the right to:

1. examination of files, documents, records and information within the scope of the audit;
2. requesting the inspected person to prepare the necessary copies and an official translation into Polish of documents drawn up in a foreign language;
3. carrying out inspections, including: areas, facilities, rooms, means of transport, products and other items within the scope of the inspection;
4. requests from the controlled person:
   • immediate removal of order and organizational violations,
   • providing written and oral explanations within the specified time limit on matters covered by the scope of the audit;
5. questioning persons as a party, witness or expert, if this is necessary for a comprehensive explanation of the circumstances of the case;
6. seek expert opinions if necessary for the purposes of the audit;
7. securing evidence, products, premises and means of transport;
8. collecting free product samples for testing;
9. checking the reliability of service by purchasing a product or service;
10. collecting other necessary materials within the scope of the inspection.

What does this mean for entrepreneurs running an online store?

The Trade Inspectorate has the authority to examine not only an online store's documents but also its entire interface and ordering process, and this is typically how it works in practice. Therefore, a comprehensive analysis of the online store is crucial, as it is impossible to properly and legally operate without creating terms and conditions, complying with the obligations arising from the GDPR, the Omnibus, Digital, and Product Directives, and violating applicable laws, especially consumer rights.

Online store inspection procedure

The inspector conducts a comprehensive analysis of the website, verifying that it contains all legally required and necessary documents and information, including the content of the terms and conditions, the completeness of contact information, and information on the prices of the products offered.

The inspection also covers the terms of the transaction for compliance with the regulations on distance contracts, including the right to withdraw from the contract.

If an online store offers products covered by copyright, the Trade Inspection also checks whether they are offered in a manner consistent with applicable regulations.

A crucial element of the inspection is the assessment of personal data security. Inspectors review not only the privacy policy provisions but also the actual implementation of GDPR obligations, including the proper protection of customer personal data.

The inspection is very detailed – even if the content of the checkbox regarding consent to the processing of customer data is incorrectly formulated, the Trade Inspection will include it in the protocol and request the removal of the irregularities.

What happens after inspections?

The inspector prepares a report documenting the inspection findings. The inspected entrepreneur reviews and signs the report, and then receives their own copy.

Does the inspected person have any influence on the content of the protocol?

In principle, yes, as the inspected entrepreneur has the opportunity to submit comments or refuse to sign the document. They have seven days from the date the report is presented for signature to submit comments, if submitted in writing. They can also submit comments directly to the report.

The Trade Inspection has 14 days from the date of receipt of the comments to respond to their content.

What does the completion of a Trade Inspection inspection look like in practice?

If necessary, given the nature and need to remedy the identified irregularities, a post-inspection order is issued, which the inspected entrepreneur must comply with. Furthermore, the inspected entrepreneur is obligated to inform the Trade Inspectorate of how it will implement this order within a specified timeframe.

The inspector issues requests to correct the identified irregularities. In this case, the inspected party is also obligated to respond within the specified timeframe.

The most common reasons for imposing penalties on entrepreneurs as a result of Trade Inspection inspections

Current practice shows that for gross irregularities detected by the inspector during the inspection, penalties are imposed, most often for failure to provide information on the price of a given product , including failure to include the unit price (price per kilogram or liter of product, for example ), failure to comply with information obligations , in particular regarding the lowest product price from 30 days before the discount or lack of information about the seller (e.g. Tax Identification Number or registered office address), as well as for failure to inform customers about the possibility of withdrawing from the contract , how to file a complaint , and even the costs, methods and dates of delivery.

Sanctions for entrepreneurs

The Trade Inspection Act itself provides for sanctions for failure to comply with the authority's decision or for removing evidence or products seized by the inspector during an inspection. The penalty is a fine of up to 360 daily rates.

The Inspectorate may impose a fine of PLN 20,000 on a seller who fails to comply with price transparency obligations (Omnibus). If the seller repeats this violation three times within a 12-month period, they may be fined again – this time, the fine may be PLN 40,000.

In the event of failure to comply with the provisions of the Omnibus Directive, a business that violates the collective interests of consumers may also face a fine of up to 10% of its annual turnover . Furthermore, the President of the Office of Competition and Consumer Protection (UOKiK) publicly discloses the details of businesses that have been charged. This significantly impacts the security of potential customers and often contributes to the loss of a retailer's reputation.

On the subject of sanctions, it's also worth mentioning that it's important to ensure ongoing compliance with personal data protection regulations. Failure to comply with GDPR regulations can result in fines of up to €20 million , or for businesses, up to 4% of their total annual global turnover from the previous financial year.

Summary

Constantly changing regulations, the implementation of new directives and the importance of special protection of consumer rights contribute to intensified inspections carried out by both the Trade Inspection and the President of the Office of Competition and Consumer Protection, as well as the President of the Personal Data Protection Office.

Penalties for non-compliance with regulations and recommendations are severe for both beginners and successful businesses, so it is worth spending time to refine your store documents, website interface, and ordering process to comply with the requirements.

If you've already received a notice of intent to initiate an inspection, don't delay! We'll prepare you and your store for the inspection and help you through the entire process.

You can find our contact details at this address .