Monitor Prawniczy

no. 10/2020

Remarks on changes in the consumer right to withdraw from a contract concluded in extraordinary circumstances introduced by Directive 2019/2161

DOI: 10.32027/MOP.20.10.4
Piotr Kukuryk
Autor jest adiunktem w Katedrze Prawa Cywilnego, Gospodarczego i Prywatnego Międzynarodowego Uniwersytetu Ekonomicznego w Krakowie oraz radcą prawnym; ORCID: 0000-0001-6123-7077.
Abstract

The article discusses changes in the consumer right to withdraw from a contract concluded off-premises or at a distance introduced by Directive (EU) 2019/2161, which amends Directive 2011/83/EU of 25 October 2011 in this respect. It has been shown that these changes are picky and limited to specific selected issues. Therefore, they should be treated as clarifying and supplementing the existing solutions. The scope of the changes, however, does not mean that their future significance will be slight. This applies in particular to the extension of consumer protection to the area of „free-of-charge” digital services provided by traders in exchange for personal data provided by consumers. Apart from the analysis of the amended provisions of Directive 2011/83/EU, attention has been also drawn to the need for changes in the current regulation of the right to withdraw from a contract, laid down in the Act on consumer rights of 30 May 2014, which in the analysed area implements its provisions into Polish law.