Alternative dispute resolution in consumer disputes – new statutory regulation and new legal obligations for traders

In order to make sure that consumers have effective means of exercising their rights, it is vital that dispute resolution instruments be available which are an alternative to the traditional instruments for settling consumer-trader disputes under an agreement with a consumer (so-called consumer disputes).

An act passed on 23 September 2016 on Alternative Dispute Resolution (text: ISAP) has just been published in the Polish Journal of Laws. The act takes a more modern approach to regulation of this issue and has been adopted in connection with harmonization of Polish legislation with Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution and amending regulation (EC) no. 2006/2004 and Directive 2009/22/EC (on ADR for consumer disputes) (text: Eur-Lex). At the same time it implements in Poland Regulation (EU) no. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR) (text: Eur-Lex).

The new statutory instruments will be applicable in the beginning of January 2017.

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