Consumer protection
Any entrepreneur conducting B2C business activities operates in a dynamic legal environment. Consumer protection, in particular in the e-commerce area, constitutes one of the priorities of the European Union. This means that new legal provisions are frequently adopted to strengthen the position of consumers and place new obligations on entrepreneurs. If such obligations are breached, this can result in significant financial penalties being imposed on the entrepreneur (up to 10% of turnover) and significant loss of business reputation, which is extremely harmful for future customer relations.
“EU law provides all consumers living in the European Union with a minimum degree of protection regardless of their origins and which national regulations are applied to them. The methods of granting that protection can be different depending on the EU state. When the states transfer the EU directive to its local law taking into account the local context, they can often exceed the basic EU requirements.” (…)
“The entire sector and enterprises have to observe the EU regulations at the stage of production, processing and distribution.” (…)
“Traders who do not observe the appropriate regulations are charged with penalties.” (…)
The European Commission, Understand the European Union policy – Consumers, Luxembourg: European Union Publication Office, 2016
How can we help?
We advise entrepreneurs on their relations with consumers and pay special attention to the rules which apply to agreements concluded remotely or outside the entrepreneur’s premises. More specifically:
- we prepare or review the general terms and conditions of sales agreements, service agreements and regulations, taking into account the requirements arising from consumer protection law, personal data protection law, telecommunication regulations and regulations concerning the provision of electronic services;
- we review and adjust the policies of foreign enterprises to the requirements of Polish law;
- we represent clients in proceedings before the Competition and Consumer Protection Office, in court appeal proceedings concerning the infringement of collective consumer interests or the use of prohibited contractual provisions.
Experience
Prepared the rules of a promotional campaign and a loyalty card for a leading network of retail stores. We ensured compatibility of the campaigns with consumer protection law, regulations on the provision of electronic services and personal data protection law.
Advised one of the largest manufacturers of consoles on a vouchers sale mechanisms. This included reviewing communications with consumers.
Reviewed, on behalf of a global issuer of payment cards, the multi-jurisdictional regulations applicable to a payment system for online purchases and ensured its compatibility with Polish law (consumer rights, prohibited contractual provisions).
Reviewed various regulations of competitions, lotteries and other marketing activities on behalf of a leading entity globally operating in the energy sector.
Represented a company (within the capital group of a leading national manufacturer of concrete prefabricates) in proceedings concerning the use of practices infringing the collective interests of consumers, and in proceedings before the competition and consumer protection court. The proceedings concerned claim that the company had acted unlawfully.
