Eversheds has produced a guide to the Consumer Rights Directive (CRD) that looks at how the CRD will change the laws of 15 EU countries.
The Polish proposal for a Consumer Rights Act was adopted on 20 September 2013 and it will implement the CRD into the Polish legal system.
Dr Aleksandra Kunkiel-Kryńska, a legal adviser on the public procurement team at Wierzbowski Eversheds, addressed the issue of the proposed act in the October 2013 Legal Alert. Even though the current proposal is still at the legislative stage (it was adopted by the Council of Ministers on 24 December 2013), EU law requires that national laws transposing the directive need to go into force by 13 June 2014 at the latest.
According to Eversheds, the Polish Act, once adopted, will present one of the largest challenges in years for businesses, particularly those operating online stores. The proposed act chiefly addresses the obligations of businesses with respect to ‘distance’ sales.
However, the new act would not only replace the current act on the protection of certain consumer rights but amend the core provisions of the Civil Code concerning liability for the quality of items sold. To sum up, the new provisions will affect not only B2C transactions, but also B2B dealings.