30 November 2025 • 13 minute read
Product regulation and compliance update series
November 2025Act on the Supervision of General Product Safety adopted by the Senate
On 27 November, the Senate adopted ‑ with no amendments ‑ a new act increasing the powers of the President of the Office of Competition and Consumer Protection (UOKiK) and provincial inspectors of the Trade Inspection Authority concerning the supervision over product safety. The act also raises the maximum penalty for violations from PLN 100,000 to PLN 1 million. It is now awaiting the signature of the President.
Context
The Act on the Supervision of General Product Safety is intended to adapt Polish law to EU regulations and the current market reality, in which online platforms play a significant role. The existing regulations based on the act from 2003 were considered outdated and insufficient to effectively eliminate dangerous products from the market, especially those offered online.
Key principles
- Extension of the competences of supervisory authorities ¬the President of the Office of Competition and Consumer Protection (UOKiK) will gain additional competences, including the role of a single liaison office in the area of general product safety supervision and the function of a single national contact point for the Safety Gate early warning system.
- A new instrument, the "soft approach" ‑ the possibility of requesting information from businesses and platforms without initiating formal proceedings.
- Inspections in the entire supply chain ‑ provincial inspectors will be able to carry out both planned and ad hoc inspections, covering manufacturers, importers, distributors and service providers.
- Higher financial penalties ‑ the maximum penalty for a breach of obligations will increase from PLN 100,000 to PLN 1 million; the list of entities subject to sanctions has been extended to include, among others, internet platforms and information society service providers.
Next steps
The Act has been sent to the President of Poland for signature. It will enter into force 14 days after its publication.
New bill amending the Postal Law
On 4 November 2025, the principles of the amendment to the Act of 23 November 2012 ‑ Postal Law were published in the list of legislative and programme work of the Council of Ministers.
Context
The current provisions of the Act of 23 November 2012 ‑ Postal Law do not regulate the transport of dangerous goods within the framework of postal services in the meaning of the Act of 19 August 2021 on the Transport of Dangerous Goods. The lack of such regulations creates a risk of unintentional violation of the law by postal operators who are unaware of the contents of packages if the sender does not report the presence of dangerous goods.
The proposed amendment aims to:
- define the rules of conduct for postal operators in the event of the discovery of a package containing dangerous goods sent without the required information;
- increase the legal awareness of senders;
- limit the risk of liability of postal operators.
Key principles
The most important solutions provided in the bill are as follows:
- the introduction of procedures for postal operators in the event of discovering a package containing dangerous goods sent without meeting legal requirements;
- the introduction of information obligations for postal operators towards senders to prevent unintentional violations of regulations on the transport of dangerous goods;
- the introduction of mechanisms to limit the risks and costs for postal operators resulting from the sender's incorrect actions.
Next steps
According to the information presented in the list of legislative and programme work of the Council of Ministers, it is proposed that the amendment enter into force on 1 July 2026. The preliminary date for the adoption of the bill by the Council of Ministers is scheduled for the first quarter of 2026.
European Council approves amendment to the ADR Directive
On 17 November 2025, the European Council approved the amendment to Directive 2013/11/EU on alternative dispute resolution for consumer disputes (ADR Directive).
Context
The new rules are intended to increase the accessibility and attractiveness of ADR proceedings as a means of resolving disputes arising from both contracts and pre‑contractual stages. The amended ADR Directive adapts alternative dispute resolution mechanisms to the realities of the digital market, facilitates the use of ADR in cross‑border cases, and simplifies procedures, which should benefit all participants. In addition, the solutions introduced will reduce reporting obligations and administrative burdens.
Key principles
The amendment to the ADR Directive and the Regulation repealing the ODR platform, as discussed below, introduce comprehensive changes to the system of out‑of‑court settlement of consumer disputes.
The ADR Directive provides for the following:
- extending the availability of ADR to disputes between EU consumers and business entities from non‑EU states;
- introducing a 20‑day deadline for business entities to respond to requests to participate in ADR (failure to respond will be treated as a refusal);
- introducing an obligation for EU Member States to promote ADR among consumers and business entities, with a particular emphasis on sectors with a high number of complaints.
The European Commission will also develop a multilingual digital tool to facilitate the use of ADR in cross‑border disputes.
Next steps
Once approved by the European Council, the text must be adopted by the European Parliament in a plenary session. Then, after being signed by the Presidents of the European Parliament and the European Council, the amended ADR Directive will be published in the Official Journal of the EU and will enter into force 20 days after publication. Member States will have 26 months to implement the new regulations into national law, and the rules will apply 32 months after publication.
European Council adopts a regulation on the discontinuation of the European Online Dispute Resolution platform
On 19 November 2025, the European Council adopted a regulation on the discontinuation of the European Online Dispute Resolution platform (ODR platform). The previous legal status was regulated by Regulation 524/2013 on online dispute resolution for consumer disputes, which launched the ODR platform.
Context
The current rules on the out‑of‑court settlement of consumer disputes date back to 2013 and have not been amended since then. On the basis of these rules, the ODR platform was created and has been operating since 2016 to help consumers and business entities resolve disputes online. Despite a large number of visits, only an average of about 200 cases per year in the whole EU have been resolved using the platform.
In response to the challenges of the digital market, in 2023 the European Commission proposed a package of reforms, including the repeal of Regulation 524/2013 and the replacement of the ODR platform with a new digital tool.
Key principles
The regulation on the discontinuation of the European ODR platform removes the related obligations for administrations and online businesses, while requiring the European Commission to develop a new digital tool no later than three months after the entry into force of the amended ADR Directive and to ensure its promotion and efficient functioning.
Next steps
Following a vote at the second reading in the European Parliament and its signing by the Presidents of the Council of the European Union and the European Parliament, the regulation on the discontinuation of the European ODR platform will be published in the Official Journal and will enter into force 20 days later.
European Commission presents 2030 Consumer Agenda
On 19 November 2025, the European Commission adopted the 2030 Consumer Agenda ‑ the EU's strategic consumer policy plan for the next five years.
Background
The 2030 Consumer Agenda builds on the achievements of the New Consumer Agenda 2020 and the outcome of broad public consultations conducted in May 2025, which confirmed support for the main priorities. The current proposals complement other European Commission initiatives, such as the Single Market Strategy, the Competitiveness Compass and the upcoming Single Market Roadmap.
Key principles
The 2030 Consumer Agenda focuses on four key areas: strengthening the single market, protecting consumers in the digital environment, promoting sustainable consumption, and improving the effectiveness of law enforcement.
Completing the single market for consumers
This includes an action plan to remove cross‑border barriers and increase consumer mobility. As part of this plan, the Commission will assess the effectiveness of the Regulation on geo‑blocking to see if it is meeting its objectives. Easier access to financial services in other Member States and solutions to support the comparison of prices and the booking of travel are also envisaged.
Digital fairness and the protection of consumers online
In 2026, the Commission will propose a Digital Fairness Act to combat unfair practices in the digital environment, such as dark patterns, manipulative personalisation and addictive elements. Particular attention has been paid to protecting children on the internet. The Commission also plans to simplify rules for businesses and use digital solutions to reduce administrative burdens and improve access to information for consumers.
Promoting sustainable consumption
The Commission will support Member States in enforcing laws protecting against greenwashing, developing the market for durable and repairable products, and promoting the circular economy. There are also plans to support the secondary market and innovative start‑ups operating in the field of circularity.
Effective enforcement and remedies
In 2026, the Commission will review the Consumer Protection Cooperation (CPC) Regulation to strengthen coordination between national authorities and consider centralising powers in selected cases. Enforcement of the General Product Safety Regulation (GPSR), a review of market surveillance rules and cooperation with third countries to eliminate dangerous products at source have also been announced.
Next steps
The implementation of the 2030 Consumer Agenda will be monitored at the annual Consumer Summit and through regular Ministerial Forums on consumer protection, which will provide political support for the implementation of the measures.
European Council and European Parliament agree on combating unfair cross‑border trading practices in the agri‑food sector
On 12 November 2025, the European Council and the European Parliament reached a preliminary agreement on a regulation introducing new rules to combat unfair cross‑border trading practices in the agri‑food supply chain.
Context
The Unfair Trading Practices Directive has been in force since 2019 and was designed to reduce the imbalance in bargaining power between suppliers and large buyers, such as retail chains and processing plants. Based on experience with its application, the European Commission considered it necessary to regulate the cross‑border dimension of these practices.
Key principles
The regulation on combating unfair cross‑border trading practices in the agri‑food sector aims to establish a comprehensive system of cooperation between EU Member States. Therefore, it has been decided to establish:
- a mutual assistance mechanism ‑ enabling the exchange of information, cooperation in investigations, and coordination of actions between authorities from different Member States, including notification of decisions on unfair practices;
- a coordinated action mechanism ‑ to be used in cases of large‑scale unfair practices involving at least three EU Member States, with one designated to coordinate;
- rules concerning costs and data protection ‑ setting out rules on the reimbursement of mutual assistance costs and the protection of confidentiality to protect suppliers from retaliation;
- rules on cooperation with non‑EU buyers ‑ to strengthen the protection of European farmers in the global supply chain.
Next steps
The provisional agreement will next be approved by the European Council and the European Parliament and subsequently formally adopted.
European Commission publishes guidance on the application of the General Product Safety Regulation (GPSR)
On 19 November 2025, the European Commission presented detailed guidelines on the application of Regulation (EU) 2023/988 on general product safety (GPSR) and the use of the Safety Business Gateway portal.
Context
Since 13 December 2024, the new Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (GPSR) has been in force, establishing a uniform legal framework for the safety of non‑food consumer products in the European Union. This Regulation replaced the previous Directive 2001/95/EC, introducing a consistent set of minimum safety requirements that businesses must meet to ensure that only safe products are available on the EU market.
Key principles
The purpose of the guidelines is to help business entities understand and fulfil their obligations under the GPSR. The document contains practical guidance on risk assessment, product labelling, communication with consumers, and cooperation with market supervision authorities. The guidelines include the following:
- an indication of the scope of application of the GPSR;
- an explanation of the definition of a safe product;
- a detailed description of the obligations of business entities in the supply chain;
- procedures for informing consumers;
- information on how to use the Safety Gate Portal and Safety Business Gateway, which enable the reporting of dangerous products and the publication of information about product recalls.
Next steps
The publication of the guidelines is part of the implementation of the 2030 Consumer Agenda, the European Union's strategic consumer policy plan for the next five years.
November reports from the Trade Inspectorate
Below we present some information about reports prepared by the Trade Inspectorate (in Polish: Inspekcja Handlowa, IH) that were published last month on the website of the Office of Competition and Consumer Protection (in Polish: Urząd Ochrony Konkurencji i Konsumentów, UOKiK).
Trapezoidal car jacks
The UOKiK has published the results of an IH inspection of trapezoidal car jacks with a nominal lifting capacity of up to three tonnes, which are not vehicle equipment or original spare parts. The inspections were carried out from July to September 2025 in the Pomorskie, Wielkopolskie and Mazowieckie provinces. Laboratory tests checked the labelling, formal requirements and technical parameters.
Result of the inspection:
- in four out of ten models, irregularities were found in labelling and documentation, including: missing or incorrect CE marking and declaration of conformity, missing required markings on the device, missing or incorrect user manual; and
- in laboratory tests, six out of ten models were questioned due to design flaws, such as damage to the crank or support structure, which creates a risk of the vehicle falling.
As a result of the inspection, a decision was made to withdraw the dangerous car jacks from the market. In one case, the business entity took corrective action, and in the other cases, IH has filed notifications with law enforcement authorities. The marketing of dangerous devices may result in the imposition of a fine and the products are reported to the EU Safety Gate system.
Electric bicycles
The results of a joint inspection carried out by UOKiK, IH and the National Revenue Administration (in Polish: Krajowa Administracja Skarbowa, KAS) have been published on the UOKiK website. The inspection concerned electric bicycles imported from outside the European Union, and it lasted from 5 May to 31 July 2025. The documentation of 29 models detained at the border was checked.
The inspection found that:
- all 29 models had irregularities in their documentation, including missing or incorrectly prepared declarations of conformity, and/or missing or incomplete instructions;
- 28 models did not have CE marking or the marking was incorrect;
- 19 models had all three types of irregularities (CE marking, declaration of conformity, and instructions).
As a result, 963 electric bicycles that did not meet the formal requirements were detained at the border. A total of 1,139 bicycles were detained as part of the inspection activities, of which 176 were later released for sale after the non‑compliance was remedied.