On 5 August 2015, Parliament adopted legislation amending the competition and consumer protection act and some other acts. The new legislation implements Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests.
The amendment act introduced several solutions that have not been part of the Polish legal regime before. It will be prohibited to solicit consumers to purchase financial services that do not correspond to consumers’ needs and it will be illegal to offer such services for purchase in a manner that is not in line with their nature. Business operators will have to consider whether a specific service corresponds to the needs of consumers.
Another novelty is that the President of the Office of Competition and Consumer Protection (UOKiK) will now be able to issue so-called interim measures. If during proceedings on practices infringing the collective interests of consumers it is proven reasonably likely that the further existence of alleged practices may lead to serious risks for the collective interests of consumers, prior to the conclusion of the proceedings on practices infringing collective interests of consumers, the President of the UOKiK may, by way of a decision, require the business operator concerned to cease specific activities. An appeal being filed by the business operator does not suspend the enforcement of that decision. Such measures will remain in effect only until the decision concluding the proceedings is issued. Interestingly, before the interim measure is issued, the party concerned will not be entitled to express its opinion on the presented evidence and materials and the demands made.
The Act also introduces the institution of the so-called mystery customer. In order to obtain information that might be evidence in the matter of practices infringing collective interests of consumers, the inspection authority will have the right to take actions with the intention of purchasing a specific good. Such checks must be authorised by the competition and consumer protection tribunal, at the request of the President of the UOKiK. The purpose of this instrument is to allow checks on information provided to consumers by the business operator at a pre-contract stage. The concept of the mystery shopper will be applicable to any practices that may infringe the collective interests of consumers.
The President of the UOKiK has also been given the option to publish, free of charge, on public radio and television, in a format and at times to be agreed with the relevant public radio and TV broadcaster: (i) communications about conduct and developments that may pose significant risks to the interests of consumers, and (ii) any information covered by the ruling referred to in Art. 73(a)(2) of the Act.
The amendment act will enter into force 6 months from its announcement.