POLAND Trends and Developments Contributed by: Agata Szeliga, Sylwia Macura-Targosz and Aleksandra Krześniak-Sałajczyk, Sołtysiński Kawecki & Szlęzak
the designated operator (currently Poczta Polska S.A.) or by private, qualified providers of trusted services. The obligation to have an e-Delivery address will apply to different entities at different points in time. As of 1 January 2025, the following non-public entities are required to establish an e-Delivery address: • professionals of public trust (attorneys, legal advisors, notaries, etc); • entities registered in the National Court Register as of 1 January 2025 (this includes companies, foundations, associations); • entities applying for entry in the Central Reg - istration and Information on Business as of 1 January 2025. For non-public entities registered in the National Court Register or Central Register and Informa - tion on Business Activity before 1 January 2025, the obligation to establish an e-Delivery address takes effect in the later months of 2025 or 2026 (depending on the date of entry into the relevant register). Also, as of 1 January 2025, specific public authorities (as well as government author - ities and budget units that either support them or support other public authorities or local govern - ment units) must have an e-Delivery address. However, in the case of public bodies, the leg - islator has allowed the obligation to be waived until the end of 2025 due to organisational rea - sons on the part of the body (with the public body itself making the decision in this regard). For the purposes of e-Deliveries, a database of electronic addresses has been established, which is maintained by the minister responsible for informatisation (currently the Minister of Digi - tal Affairs). Once an entity’s address is entered into the above-mentioned database, all official
correspondence from public authorities using e-Delivery will be sent exclusively through this platform. Detailed instructions on how to apply for the creation of an address for e-Delivery can be found on the Ministry of Digital Affairs’ web - site (available in Polish). The service is free of charge. Consumer protection measures The President of the OCCP continues the actions initiated in 2023 towards strengthening con - sumer protection on the Internet. The actions of the President of the OCCP are directed against entrepreneurs who infringe on consumers’ rights by failing to provide them with the information required by law or by using “ dark patterns ” (ie, practices of unfairly exploiting knowledge of con - sumers’ online behaviour to influence their pur - chase decisions), in particular through improper price presentation, lack of information on who the seller is, use of false counters and mislead - ing statements. In particular, the President of the OCCP is investigating Asian e-commerce plat - forms that have not complied with the obliga - tions imposed by the EU Omnibus Directive and are thus misleading customers. The President of the OCCP has made allegations of consumer rights violations against the e-commerce plat - form Temu and has opened investigations into this case. The current action by the President of the OCCP on Asian e-commerce platforms is not unique but is part of a broader trend that also covers other countries in the European Union. The President of the OCCP’s actions also address another concern – the advertising of an alcoholic beverage on the Internet, in particular on social media such as Instagram or Facebook. Currently, work on amending the Polish Act of 26 October 1982 on Upbringing in Sobriety and Counteracting Alcoholism is in progress, which (at the moment) mainly covers the issue of the
374 CHAMBERS.COM
Powered by FlippingBook