In the Polish Parliament, talks are held on crucial legal changes which can importantly grow the competences of the Office for Competition and Consumer Protection (OCC). The amendment, which is presently at the phase of work in the Sejm, provides for the anticipation of searching apartments and imposing severe financial penalties.
Controversial issue of housing searches by UOKiK
One of the most discussed changes is the anticipation for representatives of the UOKiK to enter housing and conduct searches in the event of non-cooperation with the office by entrepreneurs. Prior to that, specified action could only be taken with the agreement of the court. However, now, although the rules inactive supply for the request for court approval, the presence of police during searches is intended to increase the effectiveness of the office's activities.
Experts item the request to keep a balance between effective enforcement and the protection of citizens' privacy. Searching housing for information on possible illegal activities of companies poses a challenge in the form of providing adequate mechanisms for the protection of individual data and individual property.
New financial penalties for non-cooperation
The amendment besides assumes an increase in the powers of the UOKiK towards entrepreneurs who avoid cooperation with the office. Under the fresh rules, the Authority will be able to impose fines of up to 5% of the average regular turnover of the entrepreneur for each day of non-cooperation. This is an crucial change compared to the current legal state, which left gaps, allowing any companies to avoid liability.
However, while effective enforcement is crucial for consumer protection, advanced penalties rise concerns about possible abuse and excessive force on entrepreneurs. Therefore, the proportionate and prudent application of these fresh powers by the POC will be crucial.
Intervention in net content
The next item is the power of the UOKiK to intervene in website activities. The Authority will be able to order warnings to consumers and to require the removal of certain content or restrictions on access to the parties. This is simply a completely fresh form of net regulation that can affect freedom of speech and freedom of business on the Internet.
Experts stress that specified extended powers require precise and unambiguous criteria of use. There is simply a hazard that extended UOKiK interventions in online content can lead to censorship and regulation of freedom of expression. Clear rules will be needed to defend both consumers and freedom of speech online.
The revision of the UOKiK government raises many controversy and concerns. The anticipation of searching apartments, fresh financial penalties and interventions in online content are issues that require a very cautious approach. The final form of the fresh government will be subject to careful reflection by entrepreneurs, NGOs and the media.
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They can come in and search your apartment. fresh regulations in the Sejm
