Omnibus Directive: modernizing consumer protection rules in the EU

Digitization has changed how consumers purchase, review, and preview goods and services as information about products is easier to find online and gets people to compare prices of goods with one click or purchase a product without leaving the comfort of their homes. However, with information being so easy to find, it has also had its downsides with false reviews online, prices being falsely presented, and other ways to trick consumers into believing they are getting the best deal for their money.

Due to the challenges which arose in the consumer market, the Omnibus Directive was signed in 2019 at the EU level, where it is predicted to be implemented in Poland in the 4th quarter of 2022. The Directive regards the enforcement and modernization of EU consumer protection rules.

On behalf of the AmCham Digital Tech and Digital Economy Committees, we invite you to join us at our next meeting entitled Omnibus Directive: modernizing consumer protection rules in the EU. Our speakers will be Michał Pietrzyk, Senior Associate, Attorney-at-law and Agnieszka Zwierzyńska, Senior Associate, Advocate at Łaszczuk i Wspólnicy, as well as Wojciech Janik, Attorney-at-law, Managing Associate at Deloitte Legal, who will discuss key changes for businesses:

1. The Company's duty to provide information on the previous price of a given product.

2. The Company's obligations, which are resulting from providing consumers with access to online product reviews.

3. Changes in contracts concluded in the direct sales industry (e.g., during a show, trip, unsolicited visit).

4. Digital content created by consumers of "digital service" allowing a consumer to create, process, store, or access data in digital form and other related consumer services.

5. Ban on differentiation in product quality based on the country of destination to stop the unfair practice of reducing the quality of a good based on the country's location.

6. New obligations of entrepreneurs in connection with the so-called "payment with personal data." After the provisions implementing the Directive enter into force, the provisions on consumer protection will apply to contracts where the consumer, in exchange for the delivered digital content, provides the trader with his personal data (pays with data).

7. Additional information obligations of online marketplaces affecting e-commerce for B2C and C2C platforms, for example, on the main parameters determining the ranking of offers.