Poland is one of the fastest growing e-commerce markets in the European Union. This means huge opportunities for foreign investors and local entrepreneurs, but it also means having to deal with one of the most restrictive consumer protection systems in Europe. How to prepare an online store for legal operation on the Polish market?
The dynamics of Polish e-commerce attract players from all over the world. Its strategic location in Central Europe, modern logistics, and receptive domestic market make Poland an ideal place to scale an online business.
However, sales success must go hand in hand with legal security, and Polish regulations – although based on EU directives – have their own specific characteristics, which can become costly if ignored.
Why is it important that all documents are available in Polish?
Poland often implements EU directives more rigorously than other countries, for example, by imposing information requirements that exceed the EU minimum.
All documents addressed to consumers – terms and conditions, privacy policies, product descriptions, user manuals, and warranty terms – written in Polish. Conducting sales in Poland in the B2C model exclusively in English will not be sufficient.
The Omnibus Directive and price transparency
Poland has strictly implemented the EU Omnibus Directive, significantly tightening the rules on informing consumers about promotions.
Practices such as artificially inflating prices just before a sale are no longer tolerated. Currently, every store that advertises a discount is required to indicate the lowest price of a given product in the last 30 days before the promotion was introduced.
Polish supervisory authorities – in particular the Office of Competition and Consumer Protection (UOKiK) – actively monitor compliance with regulations and impose heavy penalties on businesses that use unfair sales techniques, including so-called dark patterns in store interfaces.
Consumers under special protection
Polish e-commerce law puts consumers in a privileged position. The key aspects that every e-entrepreneur must keep in mind are:
- Right to withdraw from the sales agreement: Customers have 14 days to return goods without giving a reason. Importantly, if the store does not inform customers about this right in an appropriate manner (e.g., in the terms and conditions), this period may be extended to up to 12 months.
- Statutory warranty and non-compliance of goods with the sales agreement: Polish civil code regulations and the Consumer Rights Act impose broad liability on sellers for physical and legal defects in the products they sell.
- Prohibited (abusive) clauses: The terms and conditions may not contain any provisions that are unclear or restrict consumer rights. Such clauses may be challenged by the Office of Competition and Consumer Protection (UOKiK), which may result in intervention by the authority and the imposition of a financial penalty. Examples of prohibited provisions are available in the public register on the UOKiK website, which currently serves only an informational purpose.
The GDPR and personal data protection
Online sales involve processing customer data – and that comes with specific obligations. An online store must clearly state what data it collects and for what purpose.
Marketing consents must be voluntary and expressed independently by the user. It is also necessary to provide accurate information about cookies and ensure the security of data transferred to external companies, such as suppliers or payment operators.
Why is it worth seeking expert help?
Starting a business in a new market always carries certain risks, especially in the digital industry, where legal errors are quickly picked up by both regulatory authorities and competitors.
Translating terms and conditions on your own or copying ready-made templates can lead to serious legal consequences and loss of customer trust.
To effectively and safely build your position, it is crucial to understand local nuances. If you are planning to expand and want to explore the specifics of the e-commerce market in Poland, it is worth relying on the knowledge of specialized law firms that will help you adapt your business to the requirements of the Polish market.
A professional legal audit of your website and dedicated documentation is an investment that pays off in the form of peace of mind and customer trust, and in online commerce, that is the most valuable currency.
