EU product safety law update to boost consumer protection, increase business risk

Poland is preparing to significantly enhance consumer protection by implementing a new EU directive on product liability, set to take effect by December 9, 2026. The Ministry of Justice has released draft amendments to civil and civil procedure codes to align with the EU directive (2024/2853).

The updated regulations will broaden the definition of a 'product' to encompass not only physical items but also software, applications, and artificial intelligence. This means companies that introduce these digital products into the market, along with importers, sellers, and online platforms, could be held responsible for damages they cause. These damages can include harm to physical and mental health, loss of life, and property damage, though the latter is restricted to non-business or professional use property.

"This will provide more protection for consumers in their dealings with businesses and will indeed raise the level of protection for product users, while increasing risk for businesses," explained Ewa Rutkowska, a legal expert specializing in product law and dispute resolution. She cited an example of a smartwatch with faulty software that fails to detect a heart attack, leading to a user's incapacitation. Under the new rules, the user could potentially sue the manufacturers of both the device and the software for compensation.

Rutkowska highlighted that these new rules will form a second pillar of consumer protection against unsafe products in Poland, complementing existing administrative measures. The changes are expected to simplify the process for consumers seeking compensation through civil proceedings, granting them greater advantages when litigating against businesses. The upcoming changes are significant for all market participants, with similar shifts in compensation systems anticipated across the EU by December 9, 2026, provided member states complete their implementations on time.

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This will provide more protection for consumers in their dealings with businesses and will indeed raise the level of protection for product users, while increasing risk for businesses.