Penalties
The failure to comply with any of the obligations under the Directive may result in significant fines. Similar to the GDPR, the Omnibus Directive establishes a penalty regime. It introduces fines of up to 4% of the entity’s annual turnover in the Member State(s) where the breach occurred. Furthermore, Omnibus sets a minimum of EUR 2 million penalty where turnover information is not available. In addition, Member States may impose higher administrative fines.
The Trade Inspection will be responsible for the control of the new obligations introduced by the Omnibus in Poland. A one-off fine for non-compliance with the applicable rules can be up to PLN 20,000. If the unethical practice is repeated three times by one trader in the next 12 months, the possible penalty will be increased to PLN 40 000. Moreover, the President of the Office for Competition and Consumer Protection (UOKiK) may consider a practice concerning the use of fictitious discounts as a violation of the collective interests of competition. Consequently, s/he may impose a penalty of up to 10% of turnover in the financial year preceding the year in which the penalty is imposed.
Conclusions
The provisions implementing the Omnibus Directive into Polish law will enter into force on 1 January 2023. Entrepreneurs should consider whether their businesses are prepared for the upcoming changes. Changes to the information about the prices of goods will certainly affect the operations of shops. And these are just some changes for entrepreneurs that the Omnibus Directive has envisioned.
