E-commerce regulation in Poland

Last updated: 27.09.2025   

Dynamic e-commerce market in Poland

Poland plays a key role in developing the Digital Single Market (DSM), being one of the fastest-growing online shopping in the European Union. In 2024, almost 80% of Polish internet users reported shopping online, demonstrating the increasing popularity of e-commerce. This translates to nearly 27 million people making online purchases via various sales channels.

With a strong customer base and a dynamic SME environment, Poland is a ideal market to do e-business. The country’s strategic location in Central Europe makes it a crucial logistics hub for cross-border trade. Both major global and regional e-commerce platforms, including Allegro and Amazon, have expanded their presence in Poland, further fueling market growth.

Legal framework: key Polish and EU e-commerce laws

Poland’s e-commerce market is governed by a dual legal framework, where EU regulations set overarching rules while national legislation introduces additional obligations tailored to the local market. Businesses must comply not only with EU-wide directives and regulations, such as the EU Omnibus Directive, the Digital Services Act (DSA), and the General Data Protection Regulation (GDPR), but also with key Polish laws regulating consumer protection and commercial activity.

At the national level, the Consumer Rights Act (Ustawa o prawach konsumenta) plays a fundamental role by defining rules for online transactions, including withdrawal rights, information obligations, and unfair commercial practices.

The Act on Combating Unfair Market Practices (Ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym) and the Act on Competition and Consumer Protection (Ustawa o ochronie konkurencji i konsumentów) further strengthen safeguards against misleading advertising and unfair contractual terms. Online sales businesses must also consider provisions of the Civil Code (Kodeks cywilny), which regulates the formation of contracts, liability for defects, and rules on warranties.

Additionally, e-store retailers are subject to the Act on Providing Services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną), which governs digital transactions, spam regulations, and security standards. For companies engaged in cross-border sales, compliance with VAT regulations under the Polish VAT Act (Ustawa o podatku od towarów i usług) and EU tax regulations remains crucial.

Key laws for e-commerce business in Poland

Civil code specific provisions

In Poland, the legal framework governing e-commerce transactions is primarily shaped by the Civil Code, alongside specific consumer protection legislation and EU directives implemented into national law.

The Civil Code contains key provisions applicable to online transactions, particularly in the context of contract formation, liability, and rights of the parties to the contract.

Primarily, e-commerce activities involve the conclusion of sales contracts (contracts of sale) or contracts for the provision of services, both of which are governed by general rules of contract law set forth in the Civil Code. Depending on the nature of the goods or services offered online, specific obligations may also arise under supplementary regulations, particularly where consumer rights are concerned.

It is important to note, however, that not all online transactions involve consumers. E-commerce transactions may also be concluded between businesses (B2B contracts), where the specific protections granted to consumers under Polish and EU law do not apply, and the terms of the agreement are largely governed by the principle of contractual freedom.

Under the Polish Civil Code, the general rules of contract law apply to online transactions. An e-commerce contract is typically concluded at the moment the seller accepts the buyer’s offer, which occurs when the buyer places an order and receives a confirmation of acceptance from the seller (art. 66¹ Polish Civil Code). The use of automated systems for accepting orders does not alter the binding nature of the contract once the acceptance is communicated electronically.

Polish law accepts that declarations of intent can be made electronically, provided they clearly express a party’s will. In practice, actions such as clicking “Buy Now” or “Confirm Order” are generally recognized as valid contract formation under Articles 60 and 61 of the Polish Civil Code.

The Consumer Right Act in Poland

Operating a successful e-commerce business in Poland requires strict compliance with the rules set out in the Act of 30 May 2014 on Consumer Rights. This legislation, largely harmonized with EU standards, sets a clear framework designed to protect consumers and ensure transparent online transactions. For entrepreneurs, understanding and applying these obligations is crucial to avoid legal risks and build customer loyalty.

Below are exemplary key obligations for online stores:

Pre-contractual Information Duties

Before concluding a contract, businesses must provide consumers with comprehensive information in a clear and understandable manner (Article 12). This includes, among others: the main characteristics of the product or service, total price (including taxes and delivery fees), payment methods, complaint procedures, and the right of withdrawal.

Example: A retailer selling electronics via their own website must inform customers upfront about the technical specifications of a laptop, the total price (VAT and shipping included), and how to file a complaint.

Right of Withdrawal within 14 Days

Consumers have the right to withdraw from a distance contract without giving any reason within 14 days from receiving the goods (Article 27). Businesses must inform consumers of this right and provide a model withdrawal form.
Example: If a customer buys a jacket online but changes their mind after delivery, they can return it within 14 days without explaining their decision.

Confirmation of the Contract on a Durable Medium

After the contract is concluded, businesses must confirm its terms and key information on a durable medium, such as by email (Article 21). This protects online shoppers by ensuring they have access to the full contract details after purchase.
Example: After completing a transaction, the consumer should receive an email with an order confirmation, withdrawal instructions, and all legally required details.

Non-compliance with consumer protection laws can result in significant penalties. The Office of Competition and Consumer Protection (UOKiK) is responsible for monitoring and enforcing these regulations. Penalties can include fines and orders to cease unlawful practices.

Contract formation in Polish e-commerce primarily relies on the provisions of the Civil Code, which sets the formal requirements for contract formation. However, the Consumer Rights Act (CRA) provides additional, more detailed obligations regarding the content of the contract, particularly in relation to consumer expectations.

When a consumer expresses their intent to be bound by a distance or off-premises contract, the entrepreneur must clearly and understandably provide the following (exemplary) information:

• Main Features of the Service: A description of the service, its subject matter, and the method of communication with the consumer.
• Business Information: Identification details of the business, including the registration body and number, business address, and contact information (e-mail, phone, fax).
• Total Price and Fees: The total cost of the service, including taxes and any additional charges (such as delivery fees). For contracts of indefinite duration or subscription-based agreements, the entrepreneur must also specify the total price and the periodic payments.

For more information about Consumer Protection Law in Poland check our article here.

Act on the provision of services by electronic means in Poland

Providing electronic services in Polish e-commerce market means more than setting up a website – it requires strict compliance with the Electronic Services Act of 18 July 2002. Aligned with EU directives on information-society services, this law defines what you must tell your users, how you may communicate with them, when you aren’t held responsible for what they upload, and how you handle their personal data. Below is a concise guide in a clear, professional style.

Terms of Service

First and foremost, every provider must publish a Terms of Service before any electronic contract is formed. These Regulations serve as your online shop window for legal terms:

• What you offer: a straightforward list of services.
• Technical requirements: the minimum software, browser or device needed.
• Forbidden content: for example, hate speech, copyright infringements or malware.
• How contracts start and end: e.g. “By clicking ‘I Agree’, you enter a binding agreement” and “You may cancel at any time.”
• Complaint process: step-by-step instructions and your support contact.

Tip: Make these Regulations easy to find, download and save – ideally via a link right next to your “Sign Up” or “Buy Now” button.

Transparency Obligations

Equally important is full transparency before you deliver any service. On every online marketplace where users register, subscribe or pay, clearly display:

• Your identity: business name, registered office (or residence), full address.
• Contact details: at least one e-mail address.
• Registration numbers: NIP and, if relevant, KRS or CEIDG entry.
• Professional licences: issuing authority and licence number for regulated activities.
• Professional credentials: where applicable (e.g. lawyers, architects), list your title, professional body, register number and ethics code.

Honest Advertising

When you’re promoting something online, whether it’s through email, a banner ad, or a post on social media, it’s important to make sure that it’s clear to your audience that it’s an advertisement:

• Label it: use “Advertisement” or “Promo” prominently.
• Name the sponsor: Always include who is behind the promotion, such as your business name, and provide a contact email in case people have questions.
• Explain the offer: Make it clear what the promotion is about – like a “20% discount on your first month,” and specify any important details, such as expiration dates or conditions (“valid until 31 July, terms apply”).
• Include fine print: such as shipping costs, stock limits or expiry dates.

Meeting these obligations is not just a legal checkbox – it protects your users, strengthens your reputation and shields you from fines or enforcement actions by UOKiK or the Data Protection Authority.

When You’re Not Liable for User Content

The law acknowledges that it is neither possible nor necessary for you to monitor every file, comment, or message shared by your users. You will not be held responsible for user-generated content only when you act as:

• A conduit: you simply transmit data (like an ISP forwarding e-mails), without creating or altering it.
• A cacher: you temporarily store copies to speed up access (like a CDN), without modifying the content—and you remove it when notified of a problem.
• A host: you provide server space for uploads, remain unaware of any illegality, and upon learning of unlawful material, act quickly to disable access.

Data-Handling Essentials

Finally, you may collect only the personal data strictly necessary to open, manage or close the service relationship:

• name,
• address,
• e-mail
• and payment details.

Any additional processing – such as marketing e-mails or usage analytics – must be based on separate, explicit user consent. Always distinguish required fields from optional ones, and handle all data in line with GDPR.

Competition and Consumer Protection Act in Poland

The Polish Competition and Consumer Protection Act (Ustawa o ochronie konkurencji i konsumentów) is a fundamental legal instrument governing fair market operations. It empowers the President of the Office of Competition and Consumer Protection (UOKiK) to prevent anticompetitive practices and protect consumer interests, with growing relevance to e-commerce platforms and online businesses.

In the B2C e-commerce sector, the Act plays two main roles:

Consumer Protection Against Unfair Market Practices

The President of UOKiK supervises compliance with consumer rights. Online traders must avoid practices deemed unfair, misleading, or aggressive under sectoral laws (such as the Combating Unfair Competition Act). UOKiK may intervene in cases of hidden fees, misleading promotions, dark patterns, or failure to clearly inform consumers about rights such as withdrawal from distance contracts (Art. 24(2) in connection with Art. 24(1)).

Importantly, UOKiK can initiate proceedings ex officio and impose heavy administrative fines – up to 10% of the previous year’s turnover (Art. 106(1)). For B2C e-commerce, this reinforces the need for clear terms and transparent marketing.

Prohibition of Anticompetitive Conduct

Online platforms must also avoid infringing competition rules. The Act prohibits abuse of a dominant position (Art. 9) and anti-competitive agreements (Art. 6), including practices like price collusion or exclusivity arrangements that unduly restrict competition. For instance, a marketplace favoring its own products over third-party sellers without justification could raise dominance abuse concerns.

Note for B2B e-commerce competitors and partners: While consumer protection applies mainly to B2C, competition law under the Act is vital for B2B operators (e.g., marketplace sellers, software providers) to avoid cartel risks or exploitative clauses.

In conclusion, online businesses must ensure both consumer transparency and market fairness to operate legally in Poland, regardless whether they are established in Poland or not. For more insights on the Competition and Consumer Protection Act, check our article here.

Combating Unfair Competition Act in Poland

The Polish Combating Unfair Competition Act (Ustawa o zwalczaniu nieuczciwej konkurencji) plays a crucial role in regulating e-commerce. The Act defines an unfair competition act as any action against the law or good practices that threatens or infringes upon the interests of another entrepreneur or consumer (Art. 3).

In e-commerce, misleading advertising is a key risk.

Under Art. 16, advertisements must not mislead consumers regarding essential features like price, quality, or origin. Common violations include false price reduction, exaggerating product benefits, or using “limited stock” tactics without justification. Similarly, misrepresentation of products – such as incorrect information about materials, performance, or legal compliance – is prohibited under Art. 10.

Dark patterns, like hidden fees, obstruction of cancellation, or fake urgency messages, though not explicitly named, may constitute unfair practices under Art. 3 if they manipulate consumer behavior contrary to good practices. Hiding mandatory costs until late in the checkout process is particularly sensitive and can breach both Art. 10 (misleading information) and Art. 16 (misleading advertising).

Manipulating customer reviews – through false reviews or suppression of negative feedback – violates Art. 14. Both publishing false information about oneself and discrediting competitors via fabricated ratings are actionable forms of unfair competition. Polish regulators (UOKiK) actively target such practices.

Comparative advertising is permitted only if it is objective, verifiable, non-misleading, and does not unfairly denigrate competitors (Art. 16(3)). Otherwise, it risks legal claims for unfair competition.

Although the Act mainly protects B2B relations, many provisions shield consumers indirectly. Unfair practices harm both buyers and honest entrepreneurs. Injured parties may seek remedies including injunctions, compensation, or disgorgement of unlawful profits (Art. 18).

In summary, digital markets operators in Poland must ensure transparent, honest, and legally compliant practices across advertising, sales volume processes, and customer communications.

Electronic communications law in Poland

Scope and Applicability to e-commerce Platforms

Poland’s new Prawo komunikacji elektronicznej (Electronic Communications Law, “PKE”) took effect on 10 November 2024, overhauling rules for electronic communications and implementing the EU Electronic Communications Code. Although PKE is a telecommunications law, it expressly regulates commercial online communications – including marketing by e-commerce businesses – not just traditional telecom operators.

Any business operating an e-commerce platform or online service targeting Polish consumers (B2C) must comply with PKE’s consumer-protection requirements on commercial communications and consent. Key obligations apply especially in the B2C context, while B2B activities remain less heavily regulated in practice.

Below are examples of obligations arising from the PKE for e-commerce:

Opt-In Consent for Commercial Communications

Under Article 398 PKE, sending unsolicited commercial communications (e.g., emails, SMS, automated calls) using telecommunications terminal equipment or automated calling systems is prohibited without the recipient’s prior, explicit consent.

Consent must be:

• Given freely
• Specific to the purpose,
• Informed and unambiguous (reference: Article 400 PKE, applying GDPR consent rules).

Example channels requiring consent:

• Email newsletters
• SMS promotions
• Telemarketing calls,
• Messaging apps (e.g., WhatsApp).

Pre-ticked boxes or implied consent (e.g., silence) are not sufficient.

Compliance Tip: Separate consent should be obtained for each communication channel (e.g., distinct checkboxes for email and SMS).

Cookie Consent and Device Tracking

Under Article 399 PKE, storing or accessing any information (such as cookies) on a user’s device is only permitted if:

• The user receives clear and understandable information about the purpose of storage/access,
• The user gives prior consent,
• Consent can be given or withdrawn via software settings.

Exceptions – consent is not required if cookies are:

• Necessary to carry out the transmission of a communication over an electronic communications network, or
• Strictly necessary to provide an online service explicitly requested by the user.

Important: Continuing to browse the website does not equal valid consent. Explicit action (e.g., clicking “Accept”) is needed.

Non-compliance with PKE obligations can result in administrative fines (e.g., imposed by the President of the Office of Electronic Communications – UKE) even up to 3% of the penalized entity’s revenue and claims for unfair competition under the Act on Combating Unfair Competition.

Depending on the role that a company performs in accordance with PKE regulations, the scope of responsibilities may vary.

Act on the Polish Language

E-commerce operators in Poland must ensure that all consumer-facing information is available in Polish.

This includes product descriptions, terms of service, privacy policies, invoices, manuals and marketing messages. Exemptions apply only to brand names or universally understood symbols. Violations – such as using solely foreign-language offers or instructions – are punishable by a fine.

General Rule on the Act on the Polish Language

Pursuant to Article 7 of the Act on the Polish Language, businesses addressing Polish consumers or executing contracts within Poland are required to use the Polish language in all communications of legal significance. This includes naming goods and services, drafting offers, providing warranties, issuing invoices and receipts, and supplying user manuals.

Article 7a further clarifies that Polish must be used specifically in:

• Product and service names and descriptions,
• Promotional offers,
• Warranty conditions, invoices, and receipts,
• Instructions for use and consumer warnings.
• Failure to comply with these obligations may result in administrative sanctions.

Impact on e-commerce websites

As a result of the above, e-commerce platforms targeting Polish customers shall ensure that all key elements – such as the user interface, essential product data (including prices, features, delivery terms, and return policies), terms and conditions, and customer support information – are available in Polish before the customer proceeds to checkout.

Providing information solely in a foreign language may expose the business to penalties and potential claims of unfair competition.

All marketing communications directed at Polish consumers – such as newsletters, banners, pop-ups, and social media ads – must be presented in Polish.

Foreign-language slogans or offers are permissible only if accompanied by a Polish translation that is easily accessible and understandable for the consumer.

Certain exemptions apply:

• Trademarks and brand names may be presented in their original language without translation.
• Universal graphic symbols (e.g., pictograms) do not require accompanying Polish text, provided that the meaning is clear and does not involve foreign-language content. Where foreign-language text appears within a symbol, a Polish-language version must be provided.

Penalties for Non-Compliance

Article 15 of the Act provides that failure to comply with the Polish language requirements – specifically by using foreign-language naming, offers, instructions, or other documents covered under Articles 7 and 7a – constitutes a punishable offence. Enforcement may be carried out by the President of the Language Council, the Office of Competition and Consumer Protection (UOKiK), the Trade Inspection Authority, and other competent bodies.

Practical Compliance Tips

• Conduct a Language Audit: Ensure that product pages, terms and conditions, privacy policies, and FAQs are fully and clearly available in Polish.
• Adapt Packaging and Labelling: Even if the brand name is in English, descriptive labels, care instructions, and ingredient lists must appear in Polish.
• Translate Promotions: All banners, email communications, and social media posts should provide full Polish translations for any foreign-language headlines or offers.
• Use Professional Translation Services: Relying solely on machine translations can lead to inaccuracies. Professional translation ensures compliance and maintains consumer trust.

Data Protection Act

The Polish Personal Data Protection Act of 10 May 2018 supplements the EU’s General Data Protection Regulation (GDPR) by outlining national procedures, supervisory mechanisms, and specific obligations for data controllers and processors operating in Poland.

Under the Act, the President of the Personal Data Protection Office (PUODO) is responsible for monitoring and enforcing data protection compliance. PUODO conducts inspections, initiates proceedings, and imposes administrative fines. E-commerce platforms processing personal data-from user registration to marketing communications – must cooperate with PUODO during investigations.

Importantly, while fines for GDPR violations are imposed according to GDPR rules, the national Act governs the detailed procedures for inspections and appeals.

Criminal Liability

Unlike the GDPR, the Polish Act introduces criminal penalties for unlawful processing of personal data. Individuals found guilty may face fines, restrictions of liberty, or imprisonment for up to two years, and up to three years for processing sensitive data without authorization.

Procedural Regulations

The Act outlines specific procedures for handling data protection cases in Poland, including the rights and obligations of parties involved in proceedings before PUODO and courts.

Certification Mechanisms

The Act provides a framework for data protection certification mechanisms, allowing organizations to demonstrate compliance with data protection standards. While certification is voluntary, obtaining a recognized certification can enhance trust with customers and stakeholders, signaling a commitment to data protection best practices.

BDO register obligations

The BDO (Baza danych o produktach i opakowaniach oraz o gospodarce odpadami) is a national electronic register managed by the Polish Ministry of Climate and Environment. It is designed to monitor the introduction of products, packaging, and waste management activities.

E-commerce businesses operating in Poland must comply with BDO obligations if they handle packaged products.

Who Must Register?

E-commerce businesses are required to register in the BDO if they:

• Introduce products in packaging into the Polish market (e.g., through sales or distribution),
• Import packaged goods from abroad,
• Generate waste as part of their operations.

Key Obligations

Registered businesses must:

• Keep electronic records of generated waste,
• Submit annual reports on the volume and types of packaging introduced,
• Include their BDO registration number on relevant documents such as invoices.

Penalties for Non-Compliance

Failure to comply with BDO requirements may lead to:

• Administrative fines from PLN 5,000 to PLN 1,000,000,
• Criminal sanctions in severe cases, including fines or imprisonment.

Registration Process

Companies must register before starting relevant activities. The application is submitted online. The registration fee is PLN 100 for micro-enterprises and PLN 300 for other companies, with annual renewals required.

Legal support you may require for BDO compliance

1. Determining BDO Registration Necessity
2. Assistance with BDO Registration
3. Ongoing Compliance Support with annual reporting
4. Legal Representation with regulatory authorities

FAQ: E-commerce in Poland