Consumer protection law
For business activities based on the provision of services or goods to consumers, it is crucial to take into account consumer law issues. In this respect, there is a series of constantly growing regulations precisely defining the obligations of entrepreneurs. However, the source of broad obligations and restrictions of entrepreneurs, which are difficult for the entrepreneur to recognize, are the applicable general clauses, such as, for example, the obligation resulting from the EU Directive 93/13 to shape the contract in accordance with good customs, the requirements of good faith and the proper performance of information obligations. It is implemented in the Polish Civil Code and bindingly interpreted by the Court of Justice of the European Union. In the (very broad) scope of application of this directive, through the prism of this clause it is necessary to verify practically every contractual provision that shapes the rights, obligations and risks of the consumer. The consequences of the court(s) assessing that the entrepreneur has formed the agreement in breach of these clauses can be very severe, including the invalidity of some provisions or entire agreements concluded, the need to return funds received from the consumer and – as some case law currently assumes – the impossibility of demanding a refund of the value of the service provided by the entrepreneur when the consumer cannot return the received service. General clauses with a narrower scope of application, protecting the consumer, retail investor, platform user or the subject of personal data are also found in many detailed regulations. It is often necessary to decide to what extent the operation of a given general clause is excluded in the face of the detailed regulation of a given issue by the legislator.
Selected experience
- For over 20 years, members of the law firm’s team have been providing services in the field of civil law, consumer law, user protection and investor protection
- We have acted and continue to act for the largest entities on the market, including banks, local government units, trustees, factoring companies, public institutions, and we also provide external advice – both on a regular basis and occasionally – to law firms serving entrepreneurs
- We have issued opinions on assumptions for court and arbitration proceedings in civil and commercial cases worth up to several dozen billion złoty
- We also support smaller entrepreneurs both in current services and occasionally in the field of designing processes, transactions or conducting disputes from the full scope of civil law in consumer relations (B2C)
We provide
- expert opinions for internal needs of entrepreneurs or for court proceedings
- drafts of contracts and contract templates and regulations for consumer relations and B2B relations in which the contractor is entitled to consumer protection
- design of pre-contractual information and the process of making it available in the digital environment
- risk assessments for internal controls and auditors
- verifications (audits) of compliance with regulations, analysis of legal risks
- preparation of strategies for court disputes
- drafts of procedural documents
- representation before administrative and supervisory bodies
- representation in court and arbitration proceedings
- participation in arbitration proceedings as an arbitrator