The Omnibus Directive will change the face of retail

During seasonal sales, one hears more than once about unfair practices of sellers and deliberate price increases in the periods preceding the reductions, so that they look particularly attractive. However, this year's winter sales are the last when consumers may feel threatened by such unfair practices. They are guarded by Omnibus, the EU directive of 2019, to the provisions of which must be adopted by EU member states by May 28, 2022.

According to Aleksandra Zaliwska, Legal Adviser, Managing Partner of KZ Legal, the directive will curb unfair sales.

"Raising prices before the start of sales, and then offering customers an allegedly attractive discount, is, unfortunately, a practice used by retail chains. Omnibus, however, introduces significant changes in the way sellers inform about reductions in the prices of goods and services in an attempt to eliminate irregularities. First of all, according to the directive, in each case, in addition to information about a reduced price of a good or service, the information on the lowest price of that good or service that was in force in the 30 days prior to the introduction of the reduction must also be provided,” Aleksandra Zaliwska said.

The above rules will apply both to offline sales, i.e. presenting prices in stationery stores, and online in online stores, but also in advertising of goods or services in which the price of the goods is displayed.

In addition, online stores and sales platforms will be required to disclose the main parameters determining the visibility of the products presented to the consumer as a result of the search. 

"It is not about presenting the entire operating mechanism and algorithms used, but general information about the main parameters determining the positioning of offers," the expert explained.

The punishment is to be executed because of misleading or even failing to provide information about whether the seller on a given trading platform is an entrepreneur.

(WBJ)