Poland: Issued UOKiK guidelines regarding the Omnibus Directive deriving amendments concerning consumers' rights and unfair market practices

On 9 May 2023, the Office of Competition and Consumer Protection (UOKiK) issued guidelines regarding the Omnibus Directive, deriving amendments concerning consumers' rights and unfair market practices. Under the amendments, measures regarding online consumer protection and unfair market practices were adopted and implemented on 1 January 2023. The UOKiK notes that the consumer needs to be informed about the nature of the selling entity, which can be a company or an individual and has additional rights regarding the transparency of information about the obligations arising from the contract. The UOKiK clarifies that online platforms must display the lowest price from 30 days before a discount applies to all businesses that advertise goods or services by suggesting a discount. If an e-commerce platform or price comparison website provides retailers with tools to display price discounts, they must also ensure that the lowest price from 30 days before the discount is displayed accurately and appropriately. Further, the lowest price must not be hidden by using a font that is difficult to read and ambiguous terms such as "reference price," "omnibus price," or "was" are prohibited.