egal changes are inherent in the development of the e-commerce industry. Regulations evolve with technological advances to ensure that consumers are adequately protected and that standards of operation in the marketplace are standardised. While they can be challenging for businesses, they are also an impetus to improve processes, increase transparency and enhance the customer experience. In this article, we outline the key regulations that businesses need to consider in order to adapt their e-commerce operations to the new legal requirements.
European Accessibility Act
The European Accessibility Act is a European Union directive that has been implemented into Polish law by the Act of 26 April 2024 on Ensuring that Certain Products and Services by Business Entities Meet Accessibility Requirements. It aims to ensure that as many people as possible have equal access to products and services, regardless of their level of ability. In practice, the idea is to ensure that people with special needs, such as the blind, deaf, elderly or those with mobility problems, have the same opportunities to use all products and services. Manufacturers, importers, distributors and service providers will be subject to this obligation, with the exception of micro-enterprises, which are exempted from certain requirements.
The new regulations relate to both the accessibility of product information (such as descriptions, instructions or installation procedures) and the products and services themselves, including but not limited to e-commerce services. These regulations are based on the WCAG (Web Content Accessibility Guidelines), which define the rules for creating accessible web content. For a better understanding, here are the main principles of WCAG 2.1:
1. Perceptibility:
This includes, but is not limited to: the logical structure of content (labelled headings, lists, etc.), text alternatives for non-text content (e.g. images or icons), transcription of audio and video material, subtitles and autodescription of videos, readability and visibility of content when the text size is increased by 200%,highlighting, or responsiveness of the website.
2. Functionality:
A site is functional when it provides, among other things, keyboard-only navigation, the ability to pause animations, no flashing elements, clear headers and labels in forms, understandable page titles, links whose content clearly indicates where they lead.
3. Comprehensibility:
This principle is intended to ensure that content is easy to digest, through, among other things, the use of simple language, the avoidance of difficult words and expressions, the development of abbreviations and acronyms, or the consistent appearance and operation of elements on all pages (e.g. buttons)
4. robustness/compatibility:
This dimension can be achieved through correct coding, conforming to the HTML standard, providing status or status information to users using assistive technologies, or allowing assistive technologies to report messages or modal windows that appear.
What obligations does the European Accessibility Act impose on online shops?
In addition to compliance with the previously mentioned WCAG 2.1 principles, websites and mobile apps should also ensure:
- Polysensory information - content should be available in different formats (e.g. text and audio descriptions) to make it user-friendly for people who are blind or visually impaired.
- Responsiveness - websites need to work efficiently on different devices, such as smartphones, tablets or computers.
- More customer contact options - online shops should offer more than one form of customer service contact, for example telephone contact, voice chat or an online form.
In terms of product and service accessibility:
- User manuals and documentation must be available in different formats, such as text and audio.
- Products, such as computer equipment or telecommunications devices, should have features that make them easier to use for people with disabilities. This could be, for example, a keyboard with Braille so that a blind person can use the purchased computer without problems.
Until now, accessibility features such as adjusting contrast, changing font size or making content available in audio have been regarded as good UX practices and a nod to users. However, with the entry into force of the new regulations, ensuring full digital accessibility will be mandatory. Failure to comply may result in financial penalties. Although the regulations will be in force from 28 June 2025, preparations can be time-consuming, especially if they require adjusting a shop's assortment, adding alternative descriptions for images and videos, or increasing a site's responsiveness. It is therefore worth conducting a comprehensive UX audit of your platform now to be sure which areas need improvement.
General Product Safety Regulation (GPSR) Act
On 23 May 2023, the content of the General Product Safety Regulation (GPSR) was promulgated with the aim of ensuring consumer health and safety. The new rules apply to manufacturers, importers and retailers and wholesalers who place consumer products, particularly non-food products, on the European market. The regulation does not apply to articles such as:
- medical devices
- pharmaceuticals
- food,
- beverages,
- animal feed,
- live plants and animals,
- plant protection products,
- antiques.
Under the new regulations, any product placed on the EU market must be linked to a Person Responsible for Ensuring Product Compliance with Safety Regulations. If this person is from outside the EU, the seller must appoint a representative in the EU.
The product range offered online must contain at least the following information:
- the name, registered trade name or registered trade mark of the manufacturer and the postal and electronic address at which he can be contacted,
- information enabling the product to be identified, including a photograph of the product, its type or other relevant product identifier,
- any warnings or safety information which should appear on the packaging or be contained in an accompanying document, in legible form.
If a producer, importer or distributor finds that a product may be unsafe, he is obliged to take appropriate remedial measures, including withdrawing the product from the market or recalling it from consumers. In the case of the second option, it is obliged to offer the consumer to repair the recalled product, replace the recalled product with a safe product of the same type or refund the value of the recalled product.
Faced with these regulations, online retailers should ensure that the product safety information presented on their platforms, is clear and easy to read. This will not only make it easier for customers to make informed purchasing decisions, but will also help shops to avoid the consequences of non-compliance of product information with the applicable regulations. The regulation comes into force from 13 December 2024, so this is the last moment to adapt your offering to the new regulations.
Electronic communications law
The Electronic Communications Law is a law that came into force on 10 November 2024 and regulates electronic communication activities in a broad sense. Among other things, the PKE aims to tidy up the rules on the sending of commercial information, electronic marketing and remote customer service, and to provide greater protection for consumer privacy. The new rules cover all recipients of marketing communications, both individuals and companies, which represents a significant change for shops selling B2B.
Key changes
The Act changes the rules for obtaining marketing consents. Until now, separate consents were required to be obtained for each form of contact. The new solution simplifies this process by allowing a single consent to be used for different channels of communication. However, entrepreneurs must be mindful of the harsher penalties for violations of these rules.
The Electronic Communications Law also introduces stricter rules regarding the use of cookies. Among other things, the law requires entrepreneurs to obtain the user's explicit consent to the use of cookies (so-called ‘default’ consent will no longer be sufficient) and to provide users with the possibility to withdraw consent at any time.
The new regulations also heavily complicate cold mailing and cold calling activities, i.e. the acquisition of so-called cold contacts. According to Article 398, undertaking marketing communications without the prior consent of the recipient is prohibited, regardless of the means of communication used. In addition, PKE prevents the use of data obtained from public registers, websites or email address generators for marketing purposes if the recipient has not given prior consent.
When is contact without consent possible?
Although the law imposes certain restrictions on electronic communication, there are some exceptions:
- Contact with previous customers: Communication regarding similar products or services is permitted if there has been a previous purchase or service provision.
- General email addresses: Addresses such as office@ or info@, which are not assigned to a specific person, are not subject to the provisions of the PKE.
- Contact details made available to the public: These can be used, but not for direct marketing purposes.
- Networking: Continuing a conversation (known as a follow-up) after any type of event, provided it relates to the topic of the earlier interaction.
- LinkedIn - accepting an invitation to become a contact is tantamount to agreeing to be contacted. However, it is important to remember that the contact should provide value to the recipient and relate to their area of activity.
The entry into force of these regulations means that companies need to change their marketing strategies and focus on contact acquisition methods that comply with the current regulations, for example by signing up to a newsletter, attending a webinar or downloading an ebook. In order to avoid penalties associated with failing to comply with these regulations, it is necessary to check that existing marketing consents meet the requirements of the new law, which may involve updating terms and conditions, privacy policies and information clauses.
Digital Product Passport
As part of the European Green Deal, the Digital Product Passport (DPP for short) project has been introduced. The key legal document that underpins the implementation of the DPP is the EU Ecodesign for Sustainable Products Regulation (ESPR).
What is a digital passport? It is an electronic document that contains information about a product, such as its composition, sources of origin, environmental impact, as well as information about the product's life cycle - including recycling and disposal. Product identification is to be possible by means of a unique identifier, which will be electronically accessible via a data carrier (e.g. QR code, barcode or NFC tagging). Data will be collected not only for the finished product, but also for its components or intermediates. The aim of adopting the new legislation is to make it easier for consumers to choose organic products and to eliminate the practice of so-called greenwashing, i.e. the use of misleading declarations of a product's sustainable origin by companies, as well as to promote a circular economy.
DPP implementation
The implementation of the Digital Product Passport is planned for 2026. Product groups such as electronics, batteries and textiles will be covered first. In all likelihood, the regulations will also apply to the construction sector, with other industries to follow. The regulation, which introduced the idea of a digital passport, imposes a policy on manufacturers to design products in an environmentally friendly manner, including
- product reliability
- product durability
- product reuse;
- identifying possibly hazardous substances in the product,
- identification of recycled materials used in the manufacture of the product,
- Determination of possible recovery or recycling of the produced product,
- the product's carbon footprint.
The entities that will be responsible for issuing the electronic document will be the manufacturer entrepreneurs themselves. However, the European Union is not compromising - large corporations as well as smaller companies or one-person production activities will be covered by this obligation.
E-commerce in the face of new regulations
Many of the regulations discussed above will require businesses to collect and process large amounts of data. Many will therefore face the challenge of digitising their processes in order to effectively adapt to the new requirements. It will therefore be necessary to integrate the current IT architecture with external systems, such as PIM (Product Information Management System), which are used to effectively manage product information. These can make it much easier to collect, update and distribute consistent product data across all sales channels and to adapt e-commerce platforms to the new regulatory requirements.
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