On Monday, 13 January 2025, the list of the government’s legislative and programmatic work published information on the assumptions of the draft Act on Consumer Credit and the amendment to the Consumer Rights Act. The draft was prepared by the Office of Competition and Consumer Protection (UOKiK) and aims to implement into Polish law the provisions of Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on consumer credit agreements and repealing Directive 2008/48/EC (OJ L 2023/2225 of 30.10.2023), as well as the provisions of Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023 amending Directive 2011/83/EU as regards distance contracts for financial services and repealing Directive 2002/65/EC (OJ L 2023/2673 of 28.11.2023). This article outlines the key elements of the assumptions of the draft Act.

Objectives of the regulation

The aim of the regulation is to enhance the protection of the interests of consumers using consumer credit. Full harmonisation of the provisions is to ensure a uniform, high level of protection for all consumers in the EU and to support the proper functioning of the internal market.

According to information published on the website of the Chancellery of the Prime Minister: “In the case of the implementation of Directive 2023/2673, there is no need to draft a new act, since the repealed Directive 2002/65/EC was implemented in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2023, item 2759, as amended), hereinafter referred to as the ‘CRA’. The draft therefore provides for appropriate point amendments to the CRA. It should be noted that Directive 2023/2673 is also of a maximum harmonisation nature, and therefore it is not possible to adopt solutions different from those provided in that Directive.”Main changes in consumer protection
The main changes include:

• Inclusion of aspects not regulated in Directive 2002/65/EC, including:
  • the obligation to provide the consumer, free of charge, with appropriate explanations concerning the proposed financial service agreements, which should include such information as: the essential characteristics of the proposed agreement, including additional services, or specific consequences for the consumer resulting from the proposed agreement (see also Article 12 of Directive 2023/2225);
  • the type of information provided – for example, the consequences of payment delays or defaults, or information about the environmental or social objectives to which the given financial service is directed;
  • the obligation of the trader to inform the consumer about the right to withdraw from a distance contract together with the appropriate procedure to be followed in order to exercise this right, on a durable medium (if the pre-contractual information is provided to the consumer less than one day before the consumer is bound by the distance contract);
  • extension of the list of cases in which the right of withdrawal does not apply;
  • definition of the maximum amount the trader may charge the consumer for services actually rendered in the event of withdrawal – the amount must not exceed a sum proportional to the portion of the service already performed compared to the total scope of the contract concluded at a distance, and must not be construed as a penalty;
  • the possibility of presenting information by the trader using a layered technique. Under this technique, selected pre-contractual information considered essential should be presented in a highlighted manner in the first layer, while further detailed elements of such information are to be presented in subsequent layers. Accordingly, the first layer should include information about the trader’s identity and main activity, the essential characteristics of the financial service, the total price to be paid by the consumer, the existence of other taxes or costs, and whether the right of withdrawal exists. Other required information may be disclosed in additional layers. Pursuant to recital 42 and Article 16a(7) of the Directive, layered disclosure may be used when information is provided electronically.
• Extension of the withdrawal period – the general withdrawal period is 14 days. However, in the case of distance contracts concerning individual pension arrangements, this period will be 30 days. If the consumer has not received the pre-contractual information and contractual terms specified by law, the withdrawal period will expire 12 months and 14 calendar days after the conclusion of the contract. This period does not expire if the consumer has not been informed on a durable medium about the right of withdrawal.
• Online fairness – meaning that the consumer must be able to contact a representative of the trader. Furthermore, online interfaces must not be designed in a way that hinders or restricts the consumer’s ability to make free, autonomous, and informed decisions.
• Enforcement of provisions – expanding the rules on enforcement and sanctions applicable under Directive 2011/83/EU to distance contracts for financial services.
• Possibility to apply transposing provisions of Directive 2023/2225 and Directive 2014/17/EU to agreements excluded from their scope, for example:
  • credit agreements where the consumer is required to deposit a specific item as collateral for safekeeping with the lender, and the consumer’s liability is strictly limited to that pledged item;
  • or credit agreements where the total amount exceeds EUR 100,000 – as indicated in the legislative list.

Strengthening the right of withdrawal from a distance contract

Furthermore, Directive 2023/2673 strengthens the consumer’s right of withdrawal from distance contracts by introducing Article 11a to Directive 2011/83/EU.

Attention should also be drawn to a new solution related to online interfaces. The solution applies to all types of distance contracts. Its purpose is to ensure that withdrawal from a contract can be carried out as easily as it was concluded.

Where a trader offers the possibility of concluding contracts at a distance through an internet interface, such as an app or website, they will be obliged to provide the consumer with a function enabling withdrawal. This function must be permanently available and clearly visible during the withdrawal period. Moreover, it must be easy to locate and use.

The trader must require the consumer to confirm their declaration of withdrawal using means that confirm the consumer’s intent. Importantly, the function must be labelled with the words “confirm withdrawal from contract” or with equivalent wording.

Due to the implementation options adopted in the draft Act as provided for by Directive 2023/2673, traders should consider:

• introducing a language requirement for the information referred to in Article 16a(1) of the Directive – i.e., information that the trader must provide to the consumer before concluding a distance contract, such as identification details of the trader, description of the essential characteristics of the financial service, and the total price to be paid by the consumer, including all fees and charges. The aim is to ensure that this information is fully comprehensible to the consumer (Article 16a(2) of Directive 2023/2673);
• adjusting the manner and scope of providing appropriate explanations to the context of the offered financial service and the characteristics of the consumer to whom it is offered. This means that explanations should be tailored to the nature of the service and the needs and situation of the consumer (Article 16d(2) of Directive 2023/2673).

The planned date for the adoption of the draft by the Council of Ministers is the second quarter of 2025.