News and developments
NEW POWERS OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION AUTHORITY OF POLAND
The purpose of the proposed amendment is to increase the effectiveness of the enforcement of the EU competition rules within the Polish internal market and to protect the consumers transacting online. Violations in e-shops might occur such as lack of proper marking of the prices or promotions, lack of details regarding cancellation rights, failure to provide necessary measures for identification of the website owner, incorrect privacy policy or cookies, and others. The justification papers of the proposed bill explicitly state that changes are needed and that the law must keep pace with reality.
The most controversial regulations in this amendment proposal are those which provide new competencies to the President of UOKiK. Several individuals have already criticized the draft, while others agreed that giving these new powers to the President of UOKiK is a necessary measure to keep consumers protected. These new powers are summarized below.
Cooperation with the Internal Security Agency or the Foreign Intelligence Agency of Poland and purchases under a false pretense
Under the proposed amendment, the President of UOKiK (under Art. 105ib) will be able (through the representatives appointed) to purchase items or services previously introducing himself as another person or entity. Currently, the legislation only allows the right to take the steps to purchase without finalizing the transaction. To realize such a mimic purchase under false presence, the President of UOKiK will make a request to the head of the Internal Security Agency or to the Foreign Intelligence Agency and ask for drafting or receiving documents needed to use as a false identity. The purpose of this purchase through false pretense, is to test the purchasing path and check if there are any violations. While acting like a consumer and investigating, the representative will be able to record using video and audio equipment without informing the seller or the intermediating platform. If proven that the customer is treated contrary to the provisions of the law, the President of UOKiK will institute proceedings against the entrepreneur.Cooperation with the police and enforcing the right to search
According to the draft, (Art. 105ib), the UOKiK’s inspector will be able to turn to the police if the transaction is about to involve a risk to his health or life. In addition, (under Art. 105n) the official, might request help from the police in the case of enforcing the right to search and enter a private property in the course of ongoing proceedings.Cooperation with the Ministry of Finance and the National Revenue Administration
Subject to the regulations of the proposed amendment, the President of UOKiK will also be able to track the cash flow and flow of data in cooperation with the Ministry of Finance and the National Revenue Administration.Creation of a registry for deleted domains
Subject to the proposal, the decision by UOKiK to remove an internet domain subject to the investigation and resulting violations, will result in the entry of such a domain in the Deleted Domains Register (art. 32b.1). The President of UOKiK with his final and immediate decision, will cause the internet service providers to be required to block access to such domain within 48 hours following the entry into this registry (Art. 32c). The Deleted Domains Register will be public and kept electronically, meaning that all the concerned individuals will be able to have direct access (Art. 32b. 2,3).Other powers
The President, in the cases provided for in the law (Art. 49a), will be able to impose the following immediately, without the need to institute any proceedings:- restrict access to the web interface; block website without any procedures beforehand (the entrepreneur will be unable to operate the website until a ruling is issued),
- order to remove or add content to the website (statements, warnings etc.),
- order to re-register the domain with another entity.