The NIK audit results show that the persons who do their shopping through the Internet are properly protected. The Office of Competition and Consumer Protection (UOKiK), commissioners for consumer protection and consumer organisations provide clients with access to information on consumer policy and free legal advice. When filing a complaint or report, in most cases the consumers may expect that their case will be reviewed in a timely and professional manner. Accessibility of commissioners for consumer protection has improved since requests for legal assistance may now be made by phone and e-mail.
How does the legal protection system for the Internet clients work - interview with Dariusz Szałkowski from the Department of Economy, Public Assets and Privatisation of NIK.
Internet client protection
NIK positively evaluates educational activity conducted by institutions responsible for the consumer rights protection. In the audited period e.g. UOKiK carried out education and information campaigns, also addressed to the youth. Before the EURO 2012 Championships the Office initiated the campaign ”Don’t let them rip you off on the net” [Nie daj się oskubać w sieci], reminding clients of their rights. UOKIK also created a bookmark on its website ”Questions and answers”, devoted to the most popular consumer problems. The commissioners for consumer protection also received positive evaluation as they organised educational meetings at the regional level and participated in TV and radio programmes, during which they answered the viewers and listeners’ questions related to consumer rights. At the same time, the Consumer Federation produced an infomercial and brochures concerning the online shopping security. Intensive efforts of the bodies dealing with consumer rights protection result from the dynamic development of the Internet market and a growing number of online clients in the European Union.
Increase in the number of online shoppers in the EU from 2009 to 2011 (graph description)
NIK inspectors identified certain irregularities on part of the auditees which, however, did not change the overall positive evaluation of NIK. For instance, the consumer complaint database created by UOKiK proved to be a failure. It was supposed to make it easier for clients to file complaints and facilitate access to valid and transparent data for the Office President. Though, after six years from database hand-over (as of 25 October 2012), despite spending huge amounts of money on its improvement, the website www.skargi-konsumenckie.gov.pl did not work at all and the database users made up only 21.5 percent of the initial assumptions. According to NIK, new analytical tools should be introduced to streamline classification of complaints.
There is no good solution supported by UOKiK to check trustworthiness of the Internet shops. An interesting example is the Internet shop certification programme as part of the European organisation Euro-Label[1]. The programme aims at creating a European network of the Internet shops distinguished by the Secure Shopping Certificate [Certyfikat - Bezpieczne zakupy]. This trust mark gives clients a guarantee that the shop or internet portal chosen by them operates legally and that the personal data managed by them is secure. NIK believes that the programme promotion by UOKiK would help clients assess trustworthiness of the Internet shops.
Internet client protection system in Poland
The chief government body responsible for the Internet client protection is the Office of Competition and Consumer Protection (UOKiK). Besides, there are commissioners for consumer protection and consumer organisations in place whose activity is financed from public grants.
Individual cases are handled by the commissioners for consumer protection and consumer organisations. UOKiK deals with cases concerning infringement of collective consumer interests (e.g. contractual clauses, shops’ regulations).
The Internet sale is governed by the provisions of the Polish and EU law. Given the weight of the issue and development of new technologies, the European Parliament and Council passed the Consumer Rights Directive (of 25 October 2011). The member states are obliged to implement the Directive provisions into the domestic law by 13 December 2013 and the new provisions should come into force as of 13 June 2014. The new Directive introduces solutions which give more rights to consumers who do shopping through the Internet.
The Internet client protection in the Polish law is governed by a range of acts, including the Competition and Consumer Protection Act of 16 February 2007 and Act on Providing Services by Electronic Means of 18 July 2002. The government documents on consumer policy that were adopted by the Council of Ministers in the audited period comprise the ”Consumer Policy Strategy for 2007-2009” and ”Consumer Policy for 2010-2013”. These documents assume above all development of the consumer-oriented market, proactive information and education policy, strengthening of the counselling system and pursuit of consumer claims.
[1] www.euro-label.com.pl
