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In the draft legislation regarding amendment of certain legislative Acts in the interests of reducing regulatory encumbrances, the Ministry of Entrepreneurship and Technology is proposing a new definition of “consumer”, which would extend also to sole traders entered in the Central Business Activity List and Information in situations where an act in law performed by such an enterprise vis a vis another enterprise “is not professional in nature from the perspective of the business activity’s registered objects”. Would this be a change for the better ?

For persons pursuing business operations in their own name, the prima facie answer to such a question would be affirmative. Under Polish law as it now is, many benefit from the legal protections afforded to consumers only where the given contract bears no relation to his business operations. If the legislative amendment as now proposed were to become law, meanwhile, the emphasis would shift to the sole trader’s “specialisation”. While this may appear to be but a minor difference, its practical implications are, in fact, considerable, in that the new rules would emphasise not the relationship of the contract with the entrepreneur’s operations, but whether or not the entrepreneur is conversant in the subject matter of that contract. In other words, the proposed amendment would equip sole traders with instruments of the sort which are often lacking in confrontation with a stronger contracting party.

Full text is available (in Polish) in DZIENNIK GAZETA PRAWNA p. B5 (7.05.2019). If you are interested in an English-language version contact us: kontakt@gessel.pl