On January 1, 2023, regulations implementing the Omnibus Directive, the Goods Directive, and the Digital Digitization Directive will come into force. Consideration will be given to, among other things, provisions regarding complaints, pricing information, and reviews. Specific obligations have been imposed on trading platforms, which will be required to provide information on the seller's status. Read on to learn more about the new challenges facing online stores and retailers.

The new year brings many new obligations for e-commerce businesses that target consumers. Below, we've outlined the obligations arising from the implementation of specific directives.

Omnibus Directive

The most famous obligation related to the Omnibus Directive is the obligation to inform about the lowest price in the 30 days prior to the announcement of the discount. This obligation is updated when we announce the discount.

Example: On December 15, 2022, the price of a product was PLN 12.40. On December 16, 2022, it was increased to PLN 30.99. Then, on January 5, 2023, we lowered this price to PLN 15.49 by announcing a discount.

In this situation, in addition to the new and old price, we will also inform you about the lowest price from the period of 30 days before the discount, i.e. PLN 12.40.

How do we understand the concept of a discount? Is it just a reduction in the price of a product by a certain percentage, or also e.g. a discount code? The answer is: it depends. A discount code may or may not constitute a discount under the new regulations. To plan promotional strategies that comply with the new regulations, we recommend seeking the assistance of a lawyer.

The Omnibus Directive also imposes other obligations on sellers. These include the obligation to disclose whether the store verifies product/store reviews . If so, it is necessary to indicate how it does so. Preparing review verification information tailored to the needs of a specific store is part of our Store Ready for 2023 package.

Owners will also face additional responsibilities online platforms . From January 1, 2023, each seller selling on such a platform will have to have a transparently marked status, i.e. whether he is a natural person or an entrepreneur and whether, therefore, the consumer has rights arising from the Consumer Rights Act.

Commodity Directive

The Commodity Directive primarily introduces new regulations regarding complaints. To harmonize regulations across the EU, it was necessary to replace the existing provisions on warranty for defects in the Civil Code with the provisions of the Consumer Rights Act.

From January 1, 2023, we will no longer talk about warranty for defects, but about lack of conformity of the goods with the contract . Among other things, the provisions regarding consumer claims will change, and the presumption that the goods were defective at the time of delivery will be extended to a period of 2 years (currently one year).

Due to these changes, it is necessary to update the regulations and information tabs (concerning complaints). In the case of selling defective goods (e.g., outlet) it will be necessary to obtain the consumer's consent to purchase goods with a defect (it is necessary to adjust the purchase path).

Digital Directive

Significant changes also apply to digital content and services. The regulations regarding complaints, including those regarding lack of conformity of goods with the contract, will also change. The provisions regarding the right to withdraw from the contract will also change – from this perspective, an analysis will be necessary, whether in a given case we offer digital content or a digital service. If the store offers digital content or services (e.g., an e-book is digital content), it will be necessary to update the terms and conditions, information tabs, and the shopping path.

There isn't much time left to adapt to the obligations arising from the Omnibus, Digital, and Goods Directives. In addition to those indicated above, the new regulations also impose other obligations, such as: with information about profiling .

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