The event constituted a forum for exchange of ideas and discussion between all stakeholders involved in the development of e-commerce industry in Poland. Among the honored guests were representatives of the Ministry of Economy, the Ministry of Administration and Digitization, the Ministry of Justice, the Office of Electronic Communications, Social Council for Alternative Methods of Solving Conflicts and Disputes operateed at the Minister of Justice, Electronic Chamber of Economy, the Federation of Consumers and consumer’s ombudsmans, inspectors of Trade Inspection, as well as representatives of e-commerce companies.
The conference was opened by Mr. Jaroslaw Król, the President of the Office for Competition and Consumer Protection, and followed by discussion between Róża Thun – Member of the European Parliament, Piotr Stanczak – Director of ECC Poland and Anna Rak – Country Manager of Trusted Shops Poland. The subjects of the debate were the basis of the new legislation, it’s importance for Polish entrepreneurs and the need for proper implementation into polish law.
Implementation of the new directive is carried out in a manner of complete harmonization, which means common and comprehensive regulation in all member states. By introducing a „rigid”provisions, new regulation will eliminate existing gaps and disparities between european countries legislation. Thanks to new directive similar conditions of competition for all entrepreneurs will be guaranteed while the introduction of uniformed disclosure obligations will increase retailer’s credibility and customer’s trust to online purchases – said Piotr Stańczak, Director of the European Consumer Centre in Poland. He also pointed out that the complete implementation cannot be perceived as literall implementation – by copying the content of unclear european stipulations into national legislation.
According to speakers ODR scheme (regarding online dispute resolution platform) will have paramount impact on the development of e-commerce in Europe. It will allow entrepreneurs to find an amicable settlement of the dispute with the consumer via the Internet, even if parts of the dispute have a place of residence in other EU member state and speak different languages.
ODR platform addresses the need for increasing consumers confidence in the online shopping. This confidence is particularly important in cross-border purchases when consumer is not able to see the seller, and the seller uses different language. Thanks to the platform all disputes will be solved quickly and easily. As a result, Polish consumers will have access to wider range of goods, whereas Polish stores will be able to increas abroad sale – explained Róża Thun. She also emphasized need for appropriate functioning of the platform which should be guaranted by impartiality of bodies responsible for solving disputes.
The directive will ensure standarization of rules regarding e-commerce in the whole EU, which is an opportunity for online retailers to attract new customers, especially from other EU countries. On the other hand, the implementation of the new directive is the first significant change and a big challenge for e-commerce industry, since entrepreneurs will have to adapt their websites and regulations accroding to new regulations. However, this new provisions are not enough, confidence as an outcome of the everyday practice, shaped by good relations between sellers and buyers is needed – said Anna Rak, Country Manager of Trusted Shops Poland.
The new consumer directive
Another part of the conference was devoted especially to the stipulations of the new directive on consumer rights. Ph.d. Aleksandra Kunkiel – Kryńska presented the consequences of the new regulations for consumers. New liabilities of e-commerce sellers were explained by lawyer Xawery Konarski. This part of the conference was ended with a debate in which took parts: Xawery Konarski, Ph. D. Aneta Wiewiórowska – Domagalska from the Ministry of Justice, Michael Herde President of the Consumer Federation and Grzegorz Wójcik the President of E-commerce Poland. The discussion was focused on challenges connected with the implementation of new regulations and their coming into force.
The directive itself is a very complex act, it consistf of multiple references and exceptions. Therefore, the Polish draft regulation is difficult to manage. It has to be mentioned that directive’s stipulations are addressed to consumers and entrepreneurs – people who are not fluent in law, but use existing standards during everyday purchases. I think the implementation of the proposed stipulations in the terms&conditions of online shops will be a challenge for the participants. We hope that the online shops will consul twith the Federation when implementing new rules and standards. – encouraged Michael Herde.
Dispute resolution schemes
Next part of the meeting was devoted to the role of local law and institutions of the alternative dispute resolution schemes when uniforming law across the European Union. Ms. Katarzyna Araczewska from the Office of Competition and Consumer Protection presented the mechanism for the operation of the ADR and ODR platform. She pointed out new liabilities of entrepreneurs under Regulation ODR – to inform consumers about the ODR platform in visible way on their website (link to the ODR platform) or in the offers sent in e-mail messages. E – entrepreneurs should inform consumers about the ODR platform when first complinat is being submitted as well.
The conference ended with a lecture of Prof. dr hab. Fryderyk Zoll, who discussed the common european rules on the sale of goods and digital content.
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