Consumer sales in 2026: new obligations for e-commerce and brick-and-mortar shops in Poland

The year 2026 brings further changes to EU consumer law going  beyond updating terms and conditions and pre-contractual information. The new regulations cover elements of website interfaces and the availability of after-sales services: easy withdrawal from contracts, environmental claims, clear information on guarantees, product durability and the availability of repairs. 

These changes are of crucial importance to all businesses offering goods to consumers.

Key EU legislation has been adopted in the form of directives, requiring transposition into national law. For businesses operating in Poland, it will therefore be crucial to monitor the status of the Polish implementing legislation, rather than relying solely on the deadlines set out in the directives:

Contract withdrawal button

The obligation to implement an electronic withdrawal function (i.e. the “withdrawal button”) will apply to traders who enable the conclusion of distance contracts via a website, app or other interface, and covers all contracts subject to the right of withdrawal. This function will provide an additional channel enabling consumers to exercise this right, alongside existing methods such as email or traditional post.

The withdrawal function should:

• be available throughout the withdrawal period;
• be visible and easy to find;
• be clearly labelled (e.g. “withdraw from the contract here”).

In practice, the e-commerce sector should prepare to implement not only an additional interface element, but the entire process, including identification of products/services covered by the withdrawal and sending confirmation to the consumer that the notice of withdrawal has been received. 

Environmental claims, standardised warranty information and sustainability labelling

The second set of changes covers the regulation of “green claims”, which are marketing slogans referring to the environmental friendliness or sustainable nature of a product or a business’s activities, and new information obligations – standardised information on the seller’s statutory liability for the conformity of goods with the contract and harmonised labelling of commercial durability guarantees.

Regarding environmental claims, the proposed provisions are intended to restrict general, vague or unverifiable statements, such as “eco”, “green”, “climate-friendly” or “biodegradable”. Claims relating to the entire product or the trader’s business activities will also be prohibited where they concern only a selected element. Other prohibitions include declarations of a product’s climate neutrality based solely on emissions offsetting. 

Information on a product’s conformity with the contract will follow a standardised format to clearly remind consumers of the seller’s liability. This format is set out in EU Implementing Regulation 2025/1960.

Durability guarantee labelling, however, will not apply to every product. It will be required where a manufacturer, at no additional cost, provides a durability guarantee covering the entire product for more than two years and provides the seller with the relevant information.

Right to repair

The regulation is intended to encourage repair rather than replacement of goods and includes the following provisions:

• the requirement that consumers be informed of the choice between repair and replacement;
• a one-off 12-month extension of the seller’s liability for conformity with the contract once the consumer has opted for repair;
• new obligations for products subject to “ecodesign” requirements, including the obligation for the manufacturer to repair selected categories of goods at the consumer’s request, provided that such repair is possible;
• the introduction of a European repair information form.

The implementation of the right to repair will be particularly significant for manufacturers, importers, distributors and retailers of household appliances, electronics and goods subject to ecodesign requirements. The repair obligation applies primarily to R2R goods (i.e. selected categories subject to ecodesign requirements), and in certain cases may be transferred from the manufacturer to an authorised representative, importer or distributor. 

The draft’s preliminary provisions also include providing information on repair conditions and indicative prices, ensuring the availability of parts and tools at a reasonable price, and access to the Polish section of the European repair platform. The European repair information form is to be voluntary, but once used, it will bind the repairer to the terms and conditions for 30 days, while the European repair platform (to be established by the Commission by 31 July 2027) is intended to facilitate the search for and comparison of repair quotes.

What should businesses do now?

Businesses should already review the content of terms and conditions, shopping interfaces, communications with consumers, returns and complaints procedures, and information from manufacturers regarding warranties, durability, updates, spare parts and repairs right now. At the same time, draft Polish legislation should be monitored since its final wording will determine when the new obligations come into force.

For more information on the above directives and how their transposition into Polish law could affect your business, contact your CMS client partner or the CMS experts who contributed to this article.