The new regulations take effect on January 1, 2023, and require online store owners to take a step into the unknown. Among the new regulations, the most controversial seems to be the requirement to disclose the lowest price within 30 days prior to the discount. In this article, we will analyze, for example, how the new regulations relate to discount codes and loyalty programs.

First of all – I have an online store, do the new regulations also apply to me?

The new pricing regulations apply to almost all stores. The current wording of the regulations and the justification for the act indicate that they will not apply to wholesalers or stores selling exclusively on a B2B model to entities purchasing goods in connection with their business and professional activities. Moreover, we are talking about both stationary and online stores. If you're a retailer or service provider, you absolutely must familiarize yourself with the new regulations. Additional information about the lowest price will be required not only on product pages but also in commercials .

What exactly do the new regulations require?

Whenever a store informs about a reduction in the price of a product or service, it displays information about the lowest price next to the information about the reduced price.
the price of this good or service, which was in force in the period of 30 days before the introduction of the reduction.

Example: From December 10, 2022, to January 10, 2023, an online store sells a bicycle at the regular price of PLN 949 gross. Then, on January 12, the price is increased to PLN 999 gross. On January 13, 2023, the store decides to announce a 10% discount on the bicycle and lists the price at PLN 899 gross. In this situation, in addition to the new price, the store will have to announce the lowest price from the 30 days prior to the discount, i.e. PLN 949 gross.

Do I have to apply the new regulations every time I organize a discount?

In accordance with the provisions implementing the Omnibus Directive, we apply them whenever we announce a price reduction. In theory, therefore, if we do not inform that in a given situation we are dealing with a reduction, The new regulations will not apply . However, it's important to note that general information, for example, on a store's homepage, that products are offered at promotional prices will suffice. Due to the purpose of the new regulations, trying to avoid them can be very risky.

Example: An online store announces that its "Supplements" category includes products on sale. Even if it doesn't provide more specific information about the discounts, it will still be necessary to display the lowest price on product pages for the 30 days prior to the discount.

I've reduced the price of a product, but the customer can also use a discount code and may also have a discount from participating in a loyalty program. What should I specify as the lowest price in the 30 days prior to the discount?

This "combo" can cause significant headaches for online store owners. The regulations don't provide a definitive answer to this question, but knowing the content and assumptions of the directive, we can attempt to provide one.

Example: A store displays the "Zwierzaki" discount code on its website, entitling the customer to a 10% discount. Among other things, it sells dry dog ​​food at the regular price of PLN 50 gross. The store further reduces the price of the food by 10%, to PLN 45 gross, while simultaneously removing the discount code available to everyone. In this situation, it will be necessary to inform the customer that the lowest price in the 30 days prior to the discount was
PLN 45 gross . The lowest price is not affected by the discount for participating in the loyalty program – it is individual.

Example 2: A store sent its customers a "Zwierzaki" discount code entitling them to a 10% discount. Among other things, it sells dry dog ​​food at the regular price of PLN 50 gross. The store further reduces the price of the food by 10% to PLN 45 gross and removes the discount code available to customers (e.g., due to its expiration date). In this situation, it will have to inform the customer that the lowest price in the 30 days prior to the discount was PLN 50 gross . This solution should be accepted because the discount code was not publicly available, but was individual in nature (it was sent exclusively to customers), similar to participation in the loyalty program.

I'm running a 2+1 bundle promotion. How do I announce the lowest price for products in the 30 days prior to the discount?

It is assumed that the organization of such promotions, like the 2+1 bundle promotion, it is not a price reduction within the meaning of the regulations and does not update the obligation arising therefrom. However, if the price of products included in the promotion were reduced, information about the lowest price should be posted.

I have been offering the product for less than 30 days, how can I inform you about the lowest price in the 30 days before the discount?

In such a situation, it is necessary to inform about the lowest price that was valid in the period from the date on which the product or service was first offered for sale until the date of introduction of the discount.

Do I really have to comply with the new regulations? What are the risks?

For a one-time failure to comply with the new obligations, the provincial inspector of the Trade Inspection imposes a fine in the amount of
down PLN 20,000 . In the event of a breach of the regulations at least three times within a 12-month period, counting from the date on which the breach of these obligations was first detected, the fine is up to PLN 40,000.

If an entrepreneur's actions are found to be practices that violate the collective interests of consumers, the fines may be significantly higher.

If you are interested in other obligations arising from the new regulations, please read our article "Shop ready for 2023 – what do you need to know?"

The information contained above does not constitute legal advice. Each case should be analyzed individually, taking into account its specifics. This article is based on the latest knowledge; however, it should be noted that it will be necessary to monitor the positions of the relevant authorities. If you need individual legal advice in the above area, contact us .