POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
chance with training in the regulations. Such a person must hold a certificate of training. 7.3 Registration and Approval Requirements Only games of chance require authorisation (permit) from the competent director of the chamber of fiscal administration for the defined game of chance speci - fied in the motion and for the defined organiser. The motion for a permit needs to be paid, and the authority has two months to process the motion. If the prize pool does not exceed the base amount indicated in the Gambling Act, a game of chance in the form of a fun lottery or bingo game requires the relevant application to be made (free of charge) to the competent head of customs and the tax office. The authority has 30 days to process the motion. 7.4 Free and Reduced-Price Offers Special laws that apply to reduced-price offers have been introduced to the Polish legal system in relation to the implementation of the “Omnibus” Directive, and have been regulated in the Polish Civil Code, the Con - sumer Rights Act and the law on the information of prices of goods and services. These regulations apply to all sellers (Polish, EU and non-EU) who direct their sales to customers in Poland and to all sales channels (B&M stores, online shops, etc). The ground rule is that whenever a reduction in the price of a good or service is advertised, the lowest price shall be displayed alongside information about the price reduction, along with the lowest price of that good or service in the 30 days preceding the reduc - tion. If a good or service is offered for sale for a peri - od shorter than 30 days, the reduced price shall be displayed together with information about the lowest price for that good or service which has been in force during the period from the date the goods or services were offered for sale until the date the reduction was introduced. The practical issues related to price-reduction offers have been pointed out in official explanations by the President of the OCCP (uokik.gov.pl). The method of providing free products/services, or their samples, may raise issues regarding the correct classification of
such benefits and their accounting for tax purposes, especially value-added tax. 7.5 Automatic Renewal/Continuous Service Offers As a rule, it is possible under Polish consumer law for contracts with consumers to include provisions that automatically extend contracts or continue to provide services under specific conditions. Practices in which services are automatically renewed for another period after the contract expires if the consumer does not object (ie, takes proactive action) before the expiry of the original contract are deemed prohibited contractual provisions. To comply with consumer regulations, the seller should ensure that the consumer is able to make an informed decision regarding the renewal of the contract for a further fixed period by informing the consumer of the expiry date and, if applicable, making a new offer. Continuous services (including recurring payments) are permitted if they do not mislead consumers by creating the impression that the consumer pays only for a one-time service when, in fact, they are debited for recurrent services. Recurrent payable subscrip - tions must be preceded by the express and informed consent of the consumer, as must any changes to such subscription (especially regarding the recurring payments). Moreover, the consumer must be able to easily resign from continuous services at any time without incurring any additional fees. There are currently no specific regulations governing the use of artificial intelligence in connection with the development of advertising content. The newly adopted EU Regulation 2024/1689 of 13 June 2024 laying down harmonised rules on artificial intelligence (the “AI Act”) does not address this area, but it outlines in Point 29 of the Preamble that com - mon and legitimate commercial practices – eg, in the field of advertising – that comply with the applicable law should not, in themselves, be regarded as con - 8. Artificial Intelligence 8.1 AI and Advertising Content
240 CHAMBERS.COM
Powered by FlippingBook