Development of ADR and ODR systems, plus intensive investigations of standard contracts, especially in the new technology sectors, are among the priorities of the Consumer Policy Strategy for 2007-2009, adopted by the Council of Ministers on 5 December.

The Strategy sets forth the framework and priorities of the protection of weaker market participants in Poland. Its main objectives are: the establishment of a safe and consumer-friendly market, the promotion of self-regulation mechanisms and social dialogue for the benefit of consumers, the establishment of an efficient system of consumer information, advice and assistance in pursuing claims, as well as active information and education policy.

The basic tool serving to support the development of a safe and consumer-friendly market is the power of the President of UOKiK to issue decisions ordering enterprises to discontinue practices found to be infringing collective consumer interests. In order to make this instrument even more effective, the new Act on competition and consumer protection gave the President of UOKiK the power to impose fines of up to 10% of an enterprise’s last year's revenue.

To support a safe and consumer-friendly market, the President of UOKiK also investigates standard B2C contracts. Last year, the Office conducted 469 proceedings regarding the use of forbidden contractual clauses. As a result, 163 enterprises concerned voluntarily complied with the recommendations of UOKiK and deleted or changed the contested clauses. The 31 which did not faced actions in the Court of Competition and Consumer Protection. The clauses which the Court subsequently found to be unlawful were entered into the Register of Abusive Clauses maintained by the President of UOKiK at the Office’s website: www.uokik.gov.pl. In 2006, the Register increased by 269 clauses.

The new Consumer Policy Strategy envisages continued investigation of standard B2C contracts, with particular attention given to banking services (including e-money), air and rail transportation, as well as telecommunications and media services (including e-mail, services provided by cable television operators, e-shops and auction portals).

The Strategy also foresees the popularisation of out-of-court consumer dispute resolution systems, including arbitration courts, as an inexpensive and efficient alternative to formalised and prolonged court procedures. Also planned is a continued intensive development of ODR (On-line Dispute Resolution), as well as a database of consumer complaints and a consumer helpline serviced by experts in the field. To better facilitate the needs of consumers pursuing their claims, the Strategy envisages the introduction of class action, which, based on the US model, can constitute a much more economical alternative to individual actions.

Another objective of the Strategy is the protection of consumer health and life. The tools serving to eliminate products of bad quality are systematic inspections and making public the information about the products which pose risk to consumers’ health. The assumptions for the years to come include safety checks of imported products, since these are the products which are found non-compliant most often. An important project included in the Strategy, which can have long-term effects, is the proposal of establishing an independent institution which would carry out consumer tests of goods and services.

Also planned are activities related to the review of the EU directives concerning the protection of legal and economic interests of consumers. These activities are meant to increase the level of protection of the weaker market participants, in particular in the context of the development of new marketing practices, technologies such as the Internet and mobile commerce, or new goods and services. The review is also aimed to level the potential inconsistencies between the different directives. One of the most important objectives of the review is a maximum simplification and harmonisation of consumer protection regulations in the EU.

Last but not least, within the framework of the development of consumer knowledge and skills, the Strategy provides for implementing further information programmes and campaigns promoting consumer rights.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland
Tel.: (+48 22) 827 28 92, 55 60 106, 55 60 314
faks (+48 22) 826 11 86
E-mail: [SCODE]bWNpZWxvY2hAdW9raWsuZ292LnBs[ECODE]