Almost PLN 37 million in fines for Temu and Zalando — another clear signal from the President of UOKiK that the Omnibus Directive remains a live issue.
Omnibus introduced an obligation to provide accurate information about promotions, including stating the lowest price from the 30 days before a reduction as the reference point for calculating the discount. This obligation applies to the entire retail sector, although in online sales irregularities are particularly visible and easy for the regulator to verify.
The aim of these rules is simple: the consumer should see the real size of a reduction, rather than a discount calculated from an artificially inflated reference point. Where the presentation of a price is misleading, the benefit of the promotion is only apparent — and it is precisely such practices that Omnibus is meant to counter.
The UOKiK decisions show one thing: a lack of information, inconsistent price presentation and the manipulation of reference points are still treated as an infringement of the collective interests of consumers, and are penalised severely.
In practice, Omnibus is not only about terms and conditions or pricing policy. It is also about UX, the interface, the basket, product listings, advertising and promotional communication. That is precisely why we help clients not only legally but also practically — designing e-commerce systems and marketing communication so that they comply with the regulations. Omnibus is only one element of a complex system protecting consumer rights. There are more and more regulations governing lawful online sales in line with consumer rights, and the regulator is enforcing them ever more actively.
Compliance in e-commerce is created at the intersection of law, technology and the shopping experience — where legal decisions meet the design of the sales process.
The matter concerns non-final decisions of the President of UOKiK.
