On November 27, 2025, a significant amendment to the Act of May 30, 2014 will enter into force.
on consumer rights, which applies to so-called entrepreneurs with consumer rights . Article 7aa of this Act will be modified by adding a section introducing the possibility for natural persons conducting business activities to submit declarations regarding the nature of the concluded contract.

Current regulations

From 1 January 2021, a natural person running a sole proprietorship concluding a contract directly related to his/her business activity, if the content of this contract shows that it is not of a professional nature for him/her , may be considered a so-called "entrepreneur with consumer rights" and thus benefit from
from some consumer rights.

In practice, however, problems arose because sellers and service providers did not always know whether a given contract concluded with such an entrepreneur would be classified as professional in nature or not.

Amendment – ​​Article 7aa, section 2 of the Act

The new regulation states that:

" If the content of the contract to be concluded does not indicate whether it is of a professional nature for the natural person referred to in paragraph 1, that person may , at the time of conclusion of the contract at the latest, make a declaration that the contract is of a professional nature for them or that it is not . However, the other party to the contract cannot make the conclusion of the contract conditional on the submission of such a declaration ."

What does this mean in practice?

In practice, this means freedom of choice. A sole proprietor can declare whether a contract is professional or non-professional in nature, if this is not clearly stated in the contract.

However, it should be remembered that a seller or service provider cannot make concluding a contract with such an entrepreneur contingent upon submitting such a declaration. This declaration is the entrepreneur's right , not their obligation.

In practice, this regulation aims to dispel doubts that may arise when the content of a contract does not clearly determine whether it is of a professional or non-professional nature. The new provision therefore protects entrepreneurs with consumer rights from abuses by sellers or service providers by introducing a prohibition on making the conclusion of a contract conditional on the submission of such a declaration. This means that
that a natural person running a sole proprietorship can freely decide whether to submit a declaration and what content to give it, without fear
about pressure from a stronger contractor.

Why is this change important?

The amendment strengthens the legal protection of sole proprietors, who often operate in a similar manner to consumers. It also provides their contractors (e.g., online stores) with greater transparency, as it allows them to know whether a customer is using extended consumer rights or not.

The amendment to Article 7aa of the Consumer Rights Act is a step towards increasing security and balance in economic transactions. Businesses with consumer rights have gained a new tool – the ability to clearly define the nature of the contract they are entering into. Importantly, they are the ones who decide whether to submit the declaration, while the seller
whether the service provider cannot force such action.