8 June 2026 • 7 minute read
Product regulation and compliance update series
May 2026Bill implementing the new EU Directive on liability for defective products
On 27 May 2026, a bill amending the Civil Code and the Code of Civil Procedure was published. It aims to transpose Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC into Polish law.
Context
The new EU Directive introduces broader and more detailed liability rules, in particular with regard to digital products, software, products using artificial intelligence systems, and products remaining under the manufacturer’s control after they have been placed on the market.
Key principles
- Extending the concept of a product to include software and digital production files, as well as clarifying the concept of a dangerous product, including by taking into account cybersecurity and the manner of use and presentation of the product.
- Expanding the scope of damage subject to compensation to include personal injury, damage to property (excluding property used exclusively for business purposes) and damage to data not used for professional purposes.
- Expanding the list of liable entities to include those involved in the supply chain, including component manufacturers, importers, distributors and selected online platform operators.
- Introducing mechanisms to facilitate the pursuit of claims, including presumptions and the possibility of requesting the disclosure of evidence, as well as regulations concerning liability for product modifications and for products remaining under the manufacturer’s control after they have been placed on the market.
Entities covered by the bill
The bill covers entities involved throughout the product supply chain, in particular: manufacturers, ingredient manufacturers, importers, authorised representatives, fulfilment service providers, distributors and selected online platform operators.
Next steps
The bill provides for the new legislation to enter into force on 9 December 2026. The existing provisions of the Civil Code are to apply to damage caused by products placed on the market or put into service before that date, and the new procedural provisions are to apply to proceedings initiated after that date.
Bill amending the Consumer Rights Act and certain other acts
On 12 May 2026, the guidelines for the bill amending the Consumer Rights Act and certain other acts were published. The bill aims to transpose Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods, and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (the so-called “Right to Repair” Directive) into Polish law, with the implementation deadline set for 31 July 2026.
Context
The new provisions provide for full harmonisation at EU level, which means that Member States will not be able to introduce solutions that deviate from those adopted in the Directive.
Key principles
- Introducing new obligations for sellers, including recognising the possibility of repair as an element of the goods’ conformity with the contract and the obligation to inform the consumer of the right to choose between repair and replacement; additionally, a one-off extension of the seller’s liability period by 12 months is provided for in the event of a choice of repair.
- Introducing an obligation for manufacturers, or in certain cases other entities in the supply chain, to repair so-called R2R goods, as well as the authorisation to use refurbished goods with the consumer’s consent.
- Defining the rules for carrying out repairs, including completion within a reasonable time and at a reasonable price, ensuring the availability of spare parts and tools, and the possibility of providing a replacement product for the duration of the repair.
- Establishing tools to support repairs, including a European repair information form and a national section within the European repair platform, as well as the introduction of enforcement mechanisms, including administrative penalties.
Entities covered by the bill
The bill covers entities operating at various stages of the supply chain, in particular retailers, manufacturers of goods covered by the R2R Directive, their authorised representatives, importers, distributors and businesses providing repair services. Obligations may be passed on to subsequent entities in the supply chain in the absence of a manufacturer within the European Union.
Next steps
The bill is currently at the legislative stage as part of the programme of the Council of Ministers. The Council of Ministers is scheduled to adopt the bill in the third quarter of 2026.
Opinion of the European Committee of the Regions on the European Chemicals Industry Action Plan
On 20 May 2026, the Official Journal of the EU published the opinion of the European Committee of the Regions on the European Commission’s European Chemicals Industry Action Plan.
Context
The European Committee of the Regions issued an opinion in response to the European Commission’s communication ‘European Chemicals Industry Action Plan.’. The Commission’s document concerns a sector considered strategic for the EU economy, as the chemical industry supplies essential materials to many key sectors, including defence, automotive, semiconductors, food safety and pharmaceuticals.
Key principles
- The Committee supports the creation of an alliance for critical chemicals to foster cooperation between the Commission, Member States, regions, industry, SMEs, academia and other stakeholders.
- The opinion highlights the need to simplify and harmonise the regulatory framework, particularly in areas such as permitting, environmental compliance, the circular economy and the reuse of waste materials.
- The Committee’s opinion highlights the need to further support the decarbonisation of the chemical industry, including through the financing of projects using renewable and low-carbon hydrogen, biomass, carbon capture, utilisation and storage (CCUS), electric steam crackers and large heat pumps.
Stakeholders
The opinion is primarily relevant to EU institutions, Member States and local and regional authorities responsible for industrial, energy, environmental and development policies. It also concerns companies in the chemical sector, chemical cluster operators and entities in supply chains.
Next steps
The opinion of the European Committee of the Regions is not binding, but it sets out the Committee’s policy priorities regarding the European Commission’s future actions in the chemical sector. It may be relevant to further work on financing instruments, regulatory simplification, state aid frameworks, energy policy and support mechanisms for chemical regions.
Draft regulation of the Minister of Infrastructure on research work on automated or fully automated vehicles
On 21 May 2026, the Ministry of Infrastructure published a draft regulation setting out the rules for conducting research on automated and fully automated vehicles on public roads.
Context
The draft regulation is a response to the growing importance of autonomous technologies and the needs expressed by the research and development sector and the automotive industry. Previous regulations made it difficult to conduct tests on public roads, which was identified as a significant barrier to technological development and the competitiveness of Polish entities.
Key principles
- Introducing standardised application and reporting forms for research work on automated vehicles, to ensure consistency in administrative procedures and the completeness of the data provided.
- Establishing detailed technical requirements for electronic recorders, including the obligation to record video (front, rear, interior), audio and data continuously and securely.
- Introducing uniform rules for the collection and sharing of test data, including the requirement to use open formats and ensure data integrity.
- Clarifying the obligations of research organisers, including the need to obtain authorisation and to draw up detailed reports upon the completion of tests.
- Streamlining and standardising the rules for conducting tests in Poland by creating a clear legal framework for testing on public roads, which is intended to foster innovation in the automotive sector.
Entities covered by the draft regulation
The new provisions will mainly apply to manufacturers of vehicles and automated driving systems, as well as entities conducting research and development in this field,
Next steps
The planned date for the regulation to come into force is 24 June 2026, which coincides with the commencement of the new statutory provisions on testing autonomous vehicles.