The aim of the directive is to increase consumer protection, and failure to comply with its provisions may result in serious financial consequences for companies. Therefore, it is crucial that entrepreneurs no longer postpone adapting their internal regulations to the amended consumer regulations.
What changed with the entry into force of the Omnibus Directive?
Let's start by recalling the most important solutions introduced by the Omnibus directive. From January 1, 2023, entrepreneurs are obliged to:
- application of new rules for informing consumers about reduced prices. In practice, this change entails the greatest difficulties for companies, because the directive requires precise indication, in addition to information about the reduced price, also information about the lowest price of the good or service that was in force in the period of 30 days before the introduction of the reduction,
- providing information on how to verify the authenticity of product reviews,
- providing additional information to consumers, e.g. identifying the entrepreneur or indicating communication channels,
- disclosing the main ranking parameters and providing information about paid advertising.
What are the most common violations of the Omnibus Directive?
Much time has passed since the directive entered into force, which allowed the identification of the most common violations. The Office of Competition and Consumer Protection has repeatedly presented the results of inspections regarding practices used by entrepreneurs in the e-commerce and traditional sales industries. The most common violations included:
- lack of information that the seller on the platform is an entrepreneur, which is important when the consumer wants to exercise the right to withdraw from the contract,
- not providing the lowest price valid 30 days before the introduction of the discount or informing about it in an illegible way (e.g. small font),
- not including a reference to the lowest price in the current promotion,
- posting false or distorted opinions.
What are the sanctions for violating the Omnibus Directive?
Entrepreneurs may be held liable both administratively and civilly for violating the provisions of the Omnibus Directive.
Here are the possible fines:
- up to PLN 20,000 – imposed by the voivodeship inspector of the Trade Inspection if the entrepreneur does not fulfill the obligations regarding informing about price reductions, also when advertising goods or services,
- up to PLN 40,000 – imposed by the provincial inspector of the Trade Inspection if the entrepreneur violates the above obligations at least three times within a period of 12 months, counting from the first detection of the violation,
- up to 10% of the turnover achieved in the financial year preceding the year in which the penalty was imposed – imposed by the President of the Office of Competition and Consumer Protection on an entrepreneur who has violated the collective interests of consumers.
- up to PLN 2,000,000 may be imposed by the President of the Office of Competition and Consumer Protection on the managing person if this person, in the exercise of his/her function during the period of the identified infringement, intentionally, through his/her action or omission, allowed the entrepreneur to violate the collective interests of consumers.
The indicated values are the maximum penalties that may be imposed by the competent authorities, and their amount each time depends on the type and degree of violation, as well as the financial situation of the entrepreneur.
It should be emphasized that the Office of Competition and Consumer Protection takes the verification of compliance with regulations very seriously. Already in 2023, as a result of inspection activities, it submitted many requests to provide explanations regarding questionable practices or to discontinue violations of collective consumer interests, and in 2024 the first financial penalties were imposed.
For example, recent decisions of the President of the Office of Competition and Consumer Protection against companies publishing false opinions about products and services, where the total amount of fines is PLN 85,000. zlotys. As stated by the President of the Office of Competition and Consumer Protection, Tomasz Chróstny: "(…) The reviews published by the punished entrepreneurs simulated the opinions of real customers. They were misleading because they artificially increased the reputation of the seller or the quality of the product or service (…).”
How to avoid sanctions?
The easiest way to avoid sanctions is to comply with the regulations and adapt solutions, especially those used in the e-commerce industry, to the guidelines published on the website of the Office of Competition and Consumer Protection.
Here are some steps that can help you comply with the Omnibus Directive:
1. Read the regulations carefully and verify the practices used so far, which will allow you to identify any possible illegalities. It is worth analyzing the regulations and information published on websites.
2. Consider the marketing strategy used so far, verify whether the content of price information complies with the provisions of the directive and whether the IT system does not require modification.
3. Check whether opinions are posted on your website, and if so, you need to decide whether you will verify them (source credibility):
– regardless of whether you verify opinions or not, you must inform the consumer about each of these circumstances,
– a good way would be to allow customers who actually made a purchase to add opinions, e.g. by sending a link to such a form.
4. If you are an entrepreneur selling on the Internet, then:
– communicate product placement criteria to consumers and mark paid advertising,
– check the status of entities that offer products or services on the platform (whether they are entrepreneurs or consumers),
– introduce changes to the interface that will make the consumer aware of whether he or she is concluding a contract with an entrepreneur or a consumer.
