UOKiK wants to extend out-of-court settlement of consumer disputes
The UOKiK prepared the assumptions for the amendment of the Extrajudicial Settlement of Consumer Disputes Act. 1 of the most crucial elements of the task is to extend the anticipation of utilizing ADR, i.e. alternate dispute resolution. The changes are linked to the EU improvement of the ADR system. Directive 2025/2647 of the European Parliament and of the Council was adopted on 16 December 2025. associate States are to adopt and print the provisions essential for its implementation by 20 March 2028 and to apply them from 20 September 2028. The origin of these deadlines is EUR-Lex.
The improvement is designed to adapt the out-of-court settlement of consumer disputes to the realities of digital trade. The European Commission points out that 1 of its objectives is to cover a wider scope of consumer rights disputes and to facilitate the usage of ADR in cross-border cases. For the e-commerce industry, this means that handling consumer disputes can become a major component of post-sales processes in subsequent years, especially in global trade.
A dispute with a store outside the European Union is to be easier
One of the key changes planned in Poland is the anticipation of conducting ADR proceedings besides in disputes with third-country entrepreneurs. This is crucial in the context of the increasing importance of cross-border purchases. A consumer buying a product from a trader operating outside the EU may find it much more hard to analyse its rights than in a dispute with a home seller.
However, the extension of the ADR does not mean that any abroad store is automatically covered. According to the assumptions of the Polish project, in the case of a third-country entrepreneur, the initiation of specified a procedure is to require a consistent application by both parties. The scope of the consumer dispute itself is besides expected to change. The strategy is intended to cover circumstantial conflicts relating to obligations arising before the conclusion of the contract, provided that it is yet concluded.
It is besides crucial for online retailers to be covered by the rules of disputes concerning digital content and services. Regulations are to be supplemented, inter alia, by definitions of digital content, digital services and goods.
UOKiK can make a white list of entrepreneurs
The task besides provides for the anticipation for the president of UOKiK to print a list of entrepreneurs participating in ADR proceedings or executing decisions issued in these proceedings. specified a white list may have an image importance for e-commerce. Participation in the out-of-court dispute resolution strategy can be an additional signal for customers regarding the seller's approach to complaints and consumer conflicts.
The fresh rules are besides intended to include progressive automation. If the ADR entity uses automated systems, the parties are to be informed. The consumer and the entrepreneur are besides to be given the chance to verify the result of the proceedings by man.
The improvement follows the liquidation of the European ODR platform. The acceptance of fresh complaints via it was completed on 20 March 2025 and the platform itself was shut down on 20 July 2025. This is straight due to EU Regulation 2024/3228. According to the European Commission, fresh solutions are, among another things, to better respond to the specificities of digital markets, improve access to ADR in cross-border disputes and simplify procedures.
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FAQ. fresh ADR rules for e-commerce
- What is ADR in e-commerce?
ADR is an alternative, out-of-court dispute resolution. It allows the consumer and the entrepreneur to effort to end the conflict without conducting conventional proceedings before the court. - Will ADR include online shops outside the EU?
Such a anticipation is provided for in the forthcoming changes. However, in the case of third-country traders, the initiation of proceedings is to require the consent of both parties. - Does the fresh government concern digital products?
Yeah. The planned amendments are intended to clarify the application of the ADR strategy to disputes arising from digital content and services contracts. This is important, inter alia, for entrepreneurs offering digital products and services. - When will the fresh regulations begin to apply?
The EU Directive requires associate States to adopt and print the applicable provisions by 20 March 2028. They are to be applied from 20 September 2028. However, the Polish task is to pass through the government earlier. According to information on the project's assumptions, the planned deadline for its adoption by the Council of Ministers is for the first 4th of 2027.
