According to its provisions, an unfair practice shall be deemed a practice which is contrary to the requirements of professional diligence and materially distorts or is likely to materially distort the economic behavior of the average (reasonable) consumer. was created under the Act for Consumer Protection and Against Monopolistic Practices of 24 February 1990. The particular cases of this division are usually decided separately during drafting works, without an overall concept behind. The Polish Office of Competition and Consumer Protection – consumer protection in Poland. Before concluding a contract, the entrepreneur shall provide the consumer with information on the product (service) in a clear and comprehensive manner. Poland: Consumer Protection Laws and Regulations 2020. Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace.Consumer protection measures are often established by law.Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. We are one of the largest Polish law firms with international reach. Consumer law in the modern sense is only 30 years old. Use the Consumer Lifestyle in Poland report to answer questions including: ICLG - Consumer Protection Laws and Regulations - covers common issues in consumer protection laws and regulations, including substantive provisions, enforcement action, remedies and anticipated … Find law firms in Poland to help you with your consumer law case. Its functioning on the Polish market is motivated by many reasons, consumer protection issues being one of them. The Civil Code prescribes the basic duties of an entrepreneur arising from the sale contract such as the scope of liability upon warranty for physical defects, warranty for legal defects, and guarantee of quality. We have been constantly developing for 15 years. Call or email lawyers directly or ask us to contact them for you. 2–4). This act prescribes the duties of an entrepreneur, principles and procedures of concluding distance and off-premises contracts, the right to withdrawal from a distance or off-premises contract. Poland June 19 2014 The laws regulating business-to-consumer contracts are being overhauled and brought into line with EU law. This regulation prescribes the duties and responsibility of the service provider, the rules for exempting the service provider from liability for electronically supplied services, and the rules for protecting personal data of natural persons using electronically supplied services. International Law Firm in Poland +48 61 852 15 55. In order to restore the economical and legal imbalance between both parties.5 By studying the ratio legis of European Consumer Law in its entirety we will have a better In terms of age structure, 15.2% of the population is between 0 and 14 years old, 66.7% between 15 and 64 and 18.1% are 65 or older; with the median age being 41.7 years. In conclusion, there are several regulations on consumer rights, which focus on different legal aspects of the business–to-consumer relation. Furthermore, a standard contractual provision, irrespective of any potential disputes, could be declared as prohibited by the specialized court – the Court for Competition and Consumer Protection in Warsaw. However, the procedure was very strict and was not widely available. Contracts and Commercial Law. Already registered? The duties of an entrepreneur towards the consumer arise not only from the concluded contract but also from the general legal acts such as the Act on combating unfair commercial practice which prohibits unfair commercial practices. With 1.46 children per woman, Poland is average for European countries. Upcoming changes to consumer law in Poland. If you agree to this, please click "Accept all" below. Legislation implementing the … Wierzbowski Eversheds Sutherland team provides expert advice on consumer law: consumer sales contracts, Infringements of the collective consumer interests, There is no legal requirement for this. We owe this to our clients whom we know and cooperate with on a daily basis. Polish consumer protection law is strongly influenced by the legislation of European Union and thus it is based on common European principles which intend to protect consumers from unfair or deceptive practices. EU law seminars, conferences and legal language courses count towards fulfilling continuing professional development (CPD) requirements of many bars, law societies and judicial authorities. Financial institutions therefore tend to take a “back office” approach to new solutions such as more developed consumer verification, which significantly improves the entire process and product offered. The above mentioned provision does not apply to stipulations specifying the main performances of the parties, including the price or the remuneration, if they are made in plain and intelligible language. The information contained in the publications is credible, accurate as of the date of printing, and a reliable first-source when seeking the support of expert resources.William Glennon, Managing Partner - UnderwritersTrust Transaction & Risk Management LLP, © 2002-2020 Copyright: ICLG.com | Our Privacy, Register with us FREE Cyprus – Antonakis Soteriou & Associates LLC, Hungary – Balazs Kovatsits Legal Partnership, Mr. Sorin Stratula is elected President of East Legal Team, European Economic Interest Grouping (EEIG), Immigration options available in Romania for non-EU citizens, Immigration options available in Hungary for non-EU citizens. The basis for new consumer credit legislation has been adopted by the Government. Marketing opportunities Consumer Profile Poland has a population of 37.83 million, of which 51.5% are women (World Bank, 2019). Consumer Protection > Practice Areas > In terms of age structure, 15.2% of the population is between 0 and 14 years old, 66.7% between 15 and 64 and 18.1% are 65 or older; with the median age being 41.7 years. We would like to show you a description here but the site won’t allow us. We are one of the largest Polish law firms with international reach. The Civil Code provides only the exemplary list of the potential abusive clauses, thus an individual clause could be declared as unfair in a court dispute arising from a contract with a consumer. Full-Service Business Law Firm in Poland +48 22 201 00 00. The new Consumer Rights Act of 30 May 2014 entered into force on 25/12/2014. The entrepreneurs shall bear in mind that in sale contracts concluded with consumers the limitation or the exclusion of liability on account of warranty for defects is generally not admissible. Furthermore, the President of the Office of Competition and Consumer Protection maintains a register of standard contractual provisions declared prohibited by the Court for Competition and Consumer Protection. See client reviews of local English-speaking Lawyers who can assist you with Consumer Law & Disputes for Businesses in Poland and make sure you find a trusted and experienced local expert. See client reviews of local English-speaking Lawyers who can assist you with Consumer Law & Disputes for Businesses in Mazowieckie region and make sure you find a trusted and experienced local expert.. Robert Anslow, Alicante: Jose was fantastic he really made a difficult job straight forward I would recommend him to anyone. Any practice harmful to the collective interests of consumers is prohibited and may result in the imposition of a fine by the President of the Office of Competition and Consumer Protection. If you wish to enquire as to whether this country chapter is available in a previous edition of Consumer Protection in print or PDF format, contact us here, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The ICLG Series - In my practice as a commercial real estate risk manager at GE Capital and as a consultant to private equity clients in Europe I have used and can recommend GLG publications as a starting point for solutions to cross-border transaction hurdles. There has been a lack of innovation within Polish consumer lending over the review period, with any changes made to products and services linked to the implementation of existing solutions. The process of adapting Polish competition provisions to EU law began when Poland … We use cookies to ensure that we give you the best experience on our website. The collective interests of consumers are considered as the special value separated from the individual interests of particular consumers (it means that collective interests of consumers do not include the accumulation of their individual interests). The above indicated acts create the frame of the Polish consumer protection system. Polish Savings and Loan Association (SKOK), one of Poland's largest financial institutions, has been fined PLN 304,784 (c. € 75,000) by UOKiK, for practices infringing collective consumer interests. This short report shall provide an entrepreneur with the basic information on essential legal acts concerning business-to-consumer relations in Poland taking into account the amendments resulting from the Directive 83/2011 on the Consumer Rights which will enter into force on 25 December 2014. Consumer Protection in Poland. This will implement EC regulations that all member states, including Poland, must adopt by 11 June 2010. ICLG - Consumer Protection Laws and Regulations - to find out more about contributing the Poland chapter to this guide. Within the most significant national regulations concerning consumer protection law the Civil Code plays the crucial role. Register with us FREE, William Glennon, Managing Partner - UnderwritersTrust Transaction & Risk Management LLP, and unlock access to three FREE PDF downloads per month. Although the Socialist state assumed the role of protecting the citizens, it also imposed the general presumption that what was good for the state, was good for all (Letowska, 1999, pp. Send us an E-mail here The current private consumer law in Poland is composed of two elements: the provisions contained in the Civil Code, and the extra-code legal acts[. The Act on Consumer Rights is also applicable to a distance financial service contract. We would like to use cookies that will enable us to analyse the use of our websites and to personalise the content for you. Poland Consumer Protection Consumer Law Product Liability & Safety Corporate/Commercial Law. What information is required? Consumer Profile Poland has a population of 37.83 million, of which 51.5% are women (World Bank, 2019). We owe this to our clients whom we know and cooperate with on a daily basis. The Law Office of Tomasz Gulla, Ph.D. has offices in Gydnia and Stupsk, Poland and serves clients throughout the Tri-City (Gdansk, Sopot, Gdynia) region. Find a local Poland Maine Consumer Law attorney near you. Aliant ® Krzyzowska is located in Poznan, Poland and part of the international law firm, Aliant®, that is specialized in cross-border legal services. If you want to individually select which cookies we can set, please click "Select preferences" below. (fiAMP Actfl) The Protection of Competition and Consumers Act of 15 December 2000 is currently in force. The European Union boasts a relatively high level of consumer protection. Its growth reflects the tremendous changes in lifestyles and in the products and services o… More Tags. The consumer who is unable to pay his or her obligation can after year 2009 under Polish law file for personal bankruptcy. According to the provisions of the Civil Code the terms of a contract concluded with a consumer which have not been individually negotiated, shall not bind the consumer, if they shape his rights and duties in a manner contrary to good practices with gross violation of his interests (abusive clauses). Choose from 4 attorneys by reading reviews and considering peer ratings. Wroclaw Consumer Lawyers. Polish consumer protection law is strongly influenced by the legislation of European Union and thus it is based on common European principles which intend to protect consumers from unfair or deceptive practices. ■  The Act concerning combating unfair commercial practice of 23 August 2007. Full-Service Business Law Firm in Poland +48 22 201 00 00. Poland. Consumer Sales Law in Poland 427 It is easy to imagine how ineffective any consumer protection laws can be in such circumstances. covers common issues in consumer protection laws and regulations, including substantive provisions, enforcement action, remedies and anticipated reforms, in 23 jurisdictions. Log in Internet), the Act on Electronically Supplied Services may be applicable. When concluding a contract with a consumer the particular attention shall be paid to the content of the general terms and conditions used by the entrepreneur. If you continue to use this site we will assume that you are happy with it. The Civil Code provides only the fragmentary content of the information.The additional provisions concerning inter alia standing increasing distance and off-premises contracts are governed by the Act on Consumer Rights of 30 May 2014. 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