Regulations on a durable medium - the importance of a durable medium in the light of the decision of the Office of Competition and Consumer Protection
by Marcin Tomczak on Mar 04, 2025
Compliance with consumer protection regulations is a key element in building customer relationships, also helping to avoid potential disputes and their financial consequences. One of these requirements is providing consumers with access to information on a durable medium. Decisions issued by the President of the Office of Competition and Consumer Protection (UOKiK) against mPay and Revolut Bank UAB indicate the potential consequences of failing to meet this requirement.
What is a durable medium?
A durable medium is a concept derived from EU regulations, such as Directive 2015/2366 on payment services, and their implementation in national law, in this case the Payment Services Act. A durable medium allows the consumer to store information received in a way that allows for its later reproduction in an unchanged form. Examples of durable media include:
- an e-mail with an attached file, e.g. in PDF format ,
- paper document,
- memory card or pendrive.
According to the interpretation of the Office of Competition and Consumer Protection, simply sending a link to a website from which documents can be downloaded does not meet the requirements of a durable medium if the content of the website can be changed or deleted.
Example of improper practices: mPay and Revolut
The Office of Competition and Consumer Protection (UOKiK) questioned the practices of mPay and Revolut Bank UAB, which informed consumers about changes to their contract terms via emails containing links to documents posted on their websites. The irregularity stemmed from the fact that the business had the technical ability to change the content between sending the email and downloading the document. This practice does not guarantee the permanence of the information, which is essential in business-consumer relationships.
Why is a durable medium so important?
Providing access to information on a durable medium gives consumers the assurance that the content of the contract will not change, and they will be able to invoke their rights at any time. This is particularly true for key issues such as changes to terms and conditions or fee increases.
Moreover, introducing changes to a contract for an indefinite period requires not only providing information in an appropriate form, but also the use of so-called modification clauses that clearly specify the terms of such changes.
In the case of online stores and the use of terms and conditions as standard contract templates, businesses should formulate provisions that allow for potential future changes while not infringing on consumer rights. It is also necessary to establish rules for informing registered users about changes and obtaining new acceptance of the document by store users. The common practice of making changes and sending a terse notification that the terms and conditions have been updated without meeting these requirements may also become the subject of future proceedings by supervisory authorities and carries the risk of financial penalties.
Consequences of the Office of Competition and Consumer Protection's decision for entrepreneurs
Under the UOKiK's decision, both mPay and Revolut Bank UAB were ordered to refund consumers for unfairly charged fees and pay compensation. In mPay's case, the offers included a free monthly "GOLD" subscription plan, while Revolut customers can expect a temporary upgrade to their subscription plans, additional cashback, or a top-up of the monthly fee.
What can entrepreneurs do to avoid risk?
To avoid legal consequences and negative impact on reputation, entrepreneurs operating in the e-commerce sector should ensure:
- ensuring a durable medium : information relevant to consumers should be provided in a form that prevents it from being changed after being sent, e.g. as a PDF attachment to an email.
- use of modification clauses : contracts should contain clear and precise provisions allowing for changes to be made.
- regular audits : verification of the store or platform interface, ordering procedure, communication procedures and contract terms for compliance with consumer protection law.
Summary
The UOKiK's decisions against mPay and Revolut Bank UAB serve as a significant reminder for businesses of the importance of complying with consumer protection regulations in e-commerce. Ensuring a durable medium and using appropriate modification clauses is not only a legal obligation but also a way to build customer trust and avoid potential legal disputes. In an era of increasing market competition, transparency and regulatory compliance are key elements of market advantage.
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