You see a video, a product catches your eye, and an “add to cart” button is already blinking in the corner of the screen. A few seconds later the order is placed, paid for, and on its way — all without leaving the app. That’s how TikTok Shop works: a closed-loop model in which the path from watching a piece of content to completing a purchase has been cut to the bare minimum. That very immediacy is its greatest strength and, at the same time, the source of its most serious concerns.

A platform that in 2017 drew around 72 million monthly users now attracts more than 1.5 billion — and between 11 and 15 million in Poland alone. TikTok has stopped being merely a place for entertainment and has turned into a powerful advertising and sales engine, combining influencer marketing, algorithmic personalization, and the emotional purchasing impulse. For businesses, it is a new and remarkably effective retail space. For consumers, it is an environment in which it grows ever harder to tell an authentic recommendation from an ad, or a fleeting enthusiasm from a considered decision.

That is precisely why TikTok Shop has landed at the center of lawmakers’ attention. While its model is not unlawful, the platform’s operation intersects with an entire web of regulation: from consumer law and the ban on “dark patterns,” through the EU’s DSA and DMA, data protection and safeguards for minors, all the way to advertising, media, and electronic communications law. This article shows where the convenience of one-tap shopping ends and the protection of the buyer’s free will begins.

What makes the TikTok Shop platform innovative?

Today, an effective marketing strategy is becoming an increasingly important priority for sellers. In Poland, monopolies in sales are relatively rare. Many competing companies operate in most industries. When purchasing products, consumers must choose from hundreds, or even thousands, of options offered by different brands. The scale of this phenomenon is evidenced by the fact that in the fourth quarter of 2025, over 2.9 million active businesses operated in Poland alone, the largest group of which were those associated with the retail sector. Meanwhile, buyers generally do not want to spend much time thoroughly analyzing goods available on the market. They are often guided by the opinions of other users, brand recognition, or media coverage. Therefore, in an information society based on the dynamic development of social media, tailoring advertising to current consumer needs and behaviors becomes crucial for running a business. Authentic and credible recommendations from trusted creators are becoming more important, and for many buyers, they are more persuasive than formulaic television commercials.

Considering the above arguments, many companies are making changes to their advertising strategies, for example, opting for influencer marketing. Online creators typically publish aesthetically and thematically consistent content that captures the interest of users with similar preferences and tastes. A business partnering with an influencer who shares similar values gains the opportunity to reach a large group of potential consumers, made up of the influencer’s followers. TikTok has become the dominant platform enabling the implementation of the marketing model described above. In 2017, the application had approximately 72 million monthly active users, and according to data from 2026, this number has increased to approximately 1.54 billion. In Europe alone, TikTok has already reached over 200 million users, and in Poland, the number ranged from 11 to 15 million. The average time spent on the platform is 70 minutes per day, which translates to approximately 35 hours per month. These statistics also indicate the continued growth of TikTok’s popularity, confirming the future of using social media for advertising and promotional purposes.

The development of influencer marketing significantly changed existing marketing practices, and its increasing prevalence led to the transformation of the TikTok app from a social media platform into an advertising system. The effective and profitable collaboration between media and advertising prompted the platform to take the next step in its development, combining these two sectors. Users were offered the opportunity to completely simplify the purchasing process. Previously, consumers only saw product advertisements, which attracted their attention and prompted them to search for sales offers. However, this pattern left them time to consider whether a purchase was truly necessary or necessary. It was also likely that, despite their interest in the product, they would eventually forget about the advertised product, and therefore their desire to purchase it.

The solution to the marketing strategy described above turned out to be a new feature presented by TikTok: TikTok Shop. The innovative nature of this tool is based on a closed-loop model, meaning the purchasing process takes place within a single app. Users first encounter content promoting a specific item. They then have the option to immediately purchase it by adding the advertised item to their shopping cart in the bottom corner of the app. TikTok acts as an intermediary for payment, shipping, and the entire order process. In this way, the app has evolved not only into a profitable advertising system but also an online store, becoming a marketplace platform that mediates payment, logistics, and order fulfillment.

The origins of TikTok Shop

Initially, the online shopping phenomenon developed through e-commerce. Its popularity contributed to the diversification of online sales into several business models: B2C, B2B, and C2C. The former involves a relationship between a business and an individual customer (examples include online stores such as Zalando, Zara, and IKEA). B2B refers to transactions between businesses, while C2C refers to sales between individuals, such as on platforms like Vinted, OLX, and Allegro.

These e-commerce models typically control the sales process independently. Their profits largely come from consumers who shop by searching for specific products they need. Entrepreneurs compete with each other through marketing activities aimed at convincing consumers of the quality of their products and building brand recognition.

In the next stage, the development of social media, and consequently influencer marketing, contributed to the emergence of a completely new type of buyer, one driven by impulse. Online creators present a specific lifestyle on their profiles in a significantly idealized form, which attracts the attention of their followers and becomes a role model. The desire to emulate the creator they follow can manifest itself both in their behavior and in the possessions they possess. The influencer thus becomes a person who inspires and encourages the purchase of a given product. Even if, from a rational perspective, the buyer doesn’t need the product, they often decide to purchase it under the influence of influencer marketing.

Additionally, a new branch of e-commerce has emerged, known as discovery commerce . This model relies on the discovery and purchase of new items while actively browsing social media. Highly advanced algorithms select content for users that aligns with their tastes or interests, in order to evoke certain emotions that then transform into a strong purchasing impulse. Social media platforms, recognizing this profitable sector, have contributed to the development of social commerce, including TikTok Shop. This solution capitalizes on users’ fleeting enthusiasm and allows them to complete their order without leaving the app. The entire process, from advertising content to payment and shipping, is handled by TikTok, which can limit the time available for rational purchase consideration.

What exactly does the purchasing process look like on TikTok Shop?

TikTok Shop is not a separate app, but a new feature added to the TikTok platform. There’s no need to create a new account or install a new app. This solution provides access to a wide group of potential consumers, as every existing TikTok user over the age of 18 can familiarize themselves with the new feature. This solution gives businesses multiple ways to reach consumers. The platform offers a separate tab, “Shop,” where users can search for specific products using filters and categories, or browse recommended items based on their activity on the platform.

Products offered by sellers using the TikTok Shop service can also be viewed on the “For You Page” tab. This is the subpage most frequently visited by users. This option is especially useful when a company decides to use influencer marketing. A creator posts a video promoting a selected product, and buyers are immediately presented with a purchase button at the bottom of the page. Consumers can also directly access the profiles of brands and creators to find the products they offer or promote.

The latest feature, TikTok Live, is gaining popularity. Before the live stream begins, the seller or influencer adds products available in the TikTok Shop. During the live stream, the host can showcase products, communicate with users, and answer their questions via chat. This can increase the credibility of the product and the seller, as well as encourage consumers to make a purchase, which they can do without interrupting the stream.

The very process of posting ads on TikTok Shop helps build consumer trust. Becoming a seller requires thorough verification, which the TikTok platform conducts to protect users from unreliable and fictitious businesses.

The first step to becoming a seller is to log in to your TikTok Seller Center account using your email address, phone number, or existing TikTok account. You’ll also need to fill out an application form with information that proves your seller credentials, such as your company name, address, and contact information.

After successful verification, the seller completes their store profile, adding a description, name, logo, seller details, addresses, customer service information, and tax information. It’s also necessary to configure payment and delivery methods, including the shipping address, available delivery methods, order processing time, and return policy. Connecting the store dashboard to a regular TikTok account is also crucial. This allows for tagging offered products in live videos, etc. The seller then has the option to publish their product, including the title, description, price, available models, and inventory. The platform also allows businesses to add listings by importing a product catalog from another sales platform.

After a consumer makes a purchase, the seller receives a sale notification in the TikTok Seller Center. The seller is then responsible for packaging and shipping the item to the user, which can be done manually or using external order processing systems.

Distance selling and consumer rights

The TikTok Shop platform offers the option of concluding a sale via a distance contract. This does not require the parties to be physically present at the same time, but rather requires at least one means of distance communication (Act of 30 May 2014 on consumer rights, Article 2). Therefore, when making a purchase through the TikTok Shop, consumer rights are governed by national and European Union law.

In Poland, the primary legal act regulating these activities is the Act of May 30, 2014, on Consumer Rights. Article 12 requires businesses to clearly inform consumers in distance contracts, including the method and deadline for contract execution, the total price including taxes, the right to withdraw from the contract, the complaint procedure, and the seller’s identifying information. The TikTok Shop platform is therefore obligated to provide the required information to the user before finalizing the order via the app. An important regulation is also included in Article 17 of the aforementioned Act and concerns the requirement to design the interface in a way that confirms the consumer’s awareness of the obligation to pay. In the case of platforms that allow order completion via a “button,” it must be clearly marked, e.g., “I buy with an obligation to pay” or “I buy and pay.” Otherwise, the contract is not concluded. The requirements described above are referred to as ” button ” solution ” and are intended to protect consumers from accidentally concluding paid contracts. Alternative obligations also arise from the Directive of the European Parliament and of the Council of 25 October 2011 on consumer rights.

The Consumer Rights Act also implements the EU Commodity Directive (2019/771), introducing uniform standards for the conformity of goods with the contract. A trader is liable for any lack of conformity of goods with the contract upon delivery and for two years from the date the discrepancy is discovered. The Act also governs basic consumer claims in the event of non-conformity, including repair or replacement of the goods, and if this is not possible, a price reduction or withdrawal from the contract.

Given that the sales strategy on the TikTok Shop platform relies on recommendation algorithms and influencer marketing, the Omnibus Directive (EU) 2019/2161 of November 27, 2019, plays a significant role in consumer empowerment. Its regulations introduce the obligation to provide information about the lowest price, disclose whether reviews were published by verified consumers, and indicate whether the seller is a business or an individual. The Omnibus Directive therefore increases consumer awareness and allows consumers to make more rational and manipulation-free purchasing decisions.

Digital Services Act Regulation

Due to their global nature, online platforms reach hundreds of millions of users. Content published through them can reach a very wide audience, thus influencing social, political, and economic relations. Massive social networking sites, therefore, go beyond simply providing entertainment or communication services and digital space, and are beginning to shape the reality around us.

The strong influence of individual platforms on current international relations has initiated more stringent oversight, including through the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act – DSA). Based on this regulation, TikTok was recognized by the European Commission as a Very Large Online Platform (VLOP). This status is granted to portals with monthly active users exceeding 10% of the EU population. TikTok exceeded the threshold and was classified as a VLOP in 2023.

Platforms deemed globally influential are not solely responsible for removing illegal content. They are also required to counteract the negative consequences that may arise from their operation. Among the most important responsibilities of very large online platforms (VLOPs) is the identification and assessment of systemic risks and the potential implementation of proportionate mitigation measures. Impacts on fundamental rights, democratic processes, the protection of minors, public safety, and the dissemination of illegal content are particularly scrutinized. Once a specific risk is identified, measures are planned to counteract its escalation, such as modifying the user interface or changing certain advertising practices. In emergency situations, the European Commission has the authority to require VLOP providers to assess the platform’s impact on the development of the crisis, implement specific mitigation measures, and submit periodic reports on the effectiveness of these actions. Very large online platforms are also required to undergo an annual independent audit of compliance with the Digital Services Act (DSA) and regularly publish comprehensive reports on their activities. The aim of this action is to ensure transparency of the platform’s operation towards users and supervisory authorities.

The DSA also regulates advertising by introducing the requirement to maintain a public ad repository. This repository should include, among other things, the ad’s content, advertiser, funding entity, broadcast time, and the number of recipients. This solution is intended to ensure transparency in advertising messages and enable social and scientific analysis of platforms’ promotional activities. Restrictions have also been imposed on recommendation systems. This means that VLOPs are required to provide users with at least one way to display content that is not based on profiling, meaning it does not use user activity history or data. To monitor platforms’ compliance with the EU regulation, it is also possible to impose a requirement to share data on, for example, the performance of recommendation algorithms with the European Commission, national digital service coordinators, or verified researchers.

TikTok, however, is not subject only to the obligations of very large online platforms. It is subject to all regulations provided for in the Digital Services Act. According to Article 26, each advertisement must be clearly identified as promotional material and indicate the advertiser, the funding entity, and the mechanism by which it was tailored to the user. This restriction is particularly useful for the TikTok Shop platform, where sponsored content is commonly created in the manner of regular content published by creators. Limiting the phenomenon of so-called hidden advertising through the provisions described above aims to increase user awareness.

One of the DSA’s key goals is also the protection of minors. When designing their services, platforms are required to consider a high level of protection for minors and their privacy. It is prohibited to display advertisements based on the profiling of minors when the platform has knowledge of the user’s minor status. The goal is to limit the use of children’s data for marketing purposes and reduce the risk of addictive use of the app.

The European Commission has also become concerned about potential negative consumer behavior resulting from the increasing transformation of large social media platforms into e-commerce portals. Complex profiling algorithms, influencer marketing, and instant purchases can encourage users to make impulsive decisions or even become dependent on purchasing processes. Articles 25 and 27 of the Consumer Protection Act (DSA) mitigate this risk. Designing web interfaces that manipulate or complicate consumer decision-making – so-called dark patterns – is prohibited. Examples of unacceptable solutions include hiding options that are less favorable to the business, making it difficult to unsubscribe from services, or designing buttons that encourage a specific choice. Users should also be fully aware of how the recommendation system works; therefore, platforms are required to clearly present its main parameters and the possibility of changing the content suggestion method.

Tamper protection and dark patterns

A key premise of the TikTok Shop platform is the immediacy of purchases. While this solution is very beneficial for businesses and, typically, consumers, it can lead to abuse. Sales without leaving the app, a simplified order completion process, and algorithmic personalization of recommended products seem to provide greater convenience when shopping online. However, some activities can be classified as ” dark patterns”, manipulations used to mislead users and influence their decisions. Because the practices described above can lead to impulsive behavior and distort consumer will, they may be treated as unfair market practices and subject to criminal penalties.

The Act of 23 August 2007 on Counteracting Unfair Market Practices defines an unfair market practice as a sale that is contrary to good practice and significantly distorts or may distort the market behavior of the average consumer before, during or after the conclusion of a product agreement , in particular a misleading market practice and an aggressive market practice (Act of 23 August 2007 on Counteracting Unfair Market Practices, Article 4). The main grounds for considering a market practice misleading include the dissemination of false information or truthful information in a potentially misleading manner. Such misleading information typically concerns the existence of a product, its type or availability, price, the method of price calculation, or the existence of a special price advantage.

To encourage immediate purchases, sellers pressure buyers with messages suggesting limited availability or a limited-time promotion for a specific product. Examples of such messages include phrases like “100 people are viewing the product,” “offer ends in 2 hours,” or “only 4 items left.” This practice is not illegal and is one of the most common marketing mechanisms. Problems arise when the website or portal is programmed to continually extend promotions, the offer doesn’t actually expire after the specified date, or the counter restarts upon page refresh.

Misleading practices, such as suggesting the limited nature of a permanently available offer, and aggressive practices, such as exerting time pressure, may result in legal consequences. In addition to the aforementioned Act of 23 August 2007 on Combating Unfair Commercial Practices, this issue is also regulated by Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market. This directive distinguishes between misleading commercial practices and aggressive commercial practices. Together, they constitute unfair commercial practices, which include, in particular, actions that are contrary to the requirements of professional diligence and that significantly distort or are likely to significantly distort the economic behavior of the average consumer who reaches or is targeted by the practice, or the average member of a group of consumers if the commercial practice is targeted at a specific group of consumers (Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (“Unfair Commercial Practices Directive”), Chapter 2, Article 5, paragraph 2).

Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 (Omnibus Directive) is also intended to combat various manifestations of the “dark patterns” phenomenon. It requires sellers to disclose the lowest price for a product within the last 30 days. This is intended to prevent the practice of artificially inflating prices and then announcing sales. The practice of fake reviews has also been curbed by introducing an obligation to disclose whether and how reviews posted on sales websites are verified. The Omnibus Directive also introduced the requirement to indicate on marketplace platforms whether the seller is a private individual or a professional entrepreneur, so that consumers are aware of who they are buying from.

The European Union has also introduced restrictions related to the design of digital services, contained in Regulation 2022/2065 on the Digital Single Market (DSA). As a result, online platform providers cannot design, organize, or operate their online interfaces in a way that misleads, manipulates, or otherwise interferes with or limits the ability of service users to make free and informed decisions. The regulation therefore directly addresses the fight against “dark patterns,” i.e., website design practices that deliberately use deceptive techniques, such as pre-selected consents or difficult unsubscribes.

The President of the Office of Competition and Consumer Protection (UOKiK) has broad authority to protect consumers from the unfair commercial practices mentioned above. Under the Act of 16 February 2007 on Competition and Consumer Protection, one of his powers is to protect the collective interests of consumers, including through provisions counteracting unfair market practices. If necessary, the UOKiK President may initiate proceedings against a business, ordering it to cease the unfair practice, or requiring the seller to remedy the effects of the violation. Should a business fail to comply with the guidelines, he may impose a fine of up to 10% of the business’s turnover in the previous year.

The number of legal acts, including EU documents, regulating unfair commercial practices reflects the considerable interest in this issue among both legislators and consumer protection authorities. TikTok Shop, as a social commerce model, is not illegal. It utilizes mechanisms combining influencer marketing, personalization, and emotional impact on the recipient, but the design of the user interface is crucial for this platform. The popularity of mass sales portals has contributed to the increasing use of “dark patterns” by businesses over the past few years. For this reason, the European Union and the Office of Competition and Consumer Protection (UOKiK) are increasingly rigorously monitoring sales tactics and issuing new legal acts to protect consumers and their free will when making purchases.

Influencer Marketing and Advertising Law

The effectiveness of influencer marketing stems from combining advertising with the ability to make an immediate purchase. Affiliate links, product tags, or direct purchase buttons, such as those on the TikTok Shop platform, are displayed beneath posts, videos, or other promotional materials. This purchasing model has proven effective by significantly simplifying the ordering process, thus reducing the time consumers spend considering the rationale behind the transaction.

The popularity of the marketing strategy described above stems from its perception by users, who perceive it as authentic and credible. Influencers present promoted products in a natural way, integrating them into their daily routine. However, if the material does not solely reflect the creator’s personal opinion but is created after receiving a benefit in return, it is considered commercial communication. This means it is subject to legal regulations on advertising and consumer protection. In Poland, influencers should clearly label advertising content in accordance with the Recommendations of the President of the Office of Competition and Consumer Protection. These regulations are intended to prevent misleading users.

Only content regarding a product that the influencer purchased independently and for which they did not receive remuneration or other benefits can be marked as a private opinion. Such material contains genuine feelings and opinions and therefore does not constitute advertising under the law and is not subject to advertising law. This is the most credible and reliable form of review for potential consumers, as it was created by a person not under any obligation to the manufacturer.

A manufacturer may enter into an agreement with an influencer to promote a product in exchange for a free product, financial benefit, or other form of remuneration. This creates legally regulated advertising. It may take the form of a post, report, or live broadcast in which the creator demonstrates how they use the product and its positive properties. Due to the natural presentation of the product as an everyday element, the recipient may have difficulty distinguishing a genuine recommendation from commercial content. The Act of August 23, 2007, on Counteracting Unfair Market Practices, classifies the act of concealing a promotional message as a misleading omission. Failure to clearly indicate the commercial nature of the material may hinder consumers’ proper assessment of the message and directly influence their purchasing decisions.

Another common advertising strategy is to feature a product integrated into published content without directly promoting it, for example, by placing it in the background of the material. This phenomenon is called product placement. Activities covered by advertising and consumer protection law also include, among others, affiliate and partner links, ambassador programs, and partner competitions. In Poland, these practices must contain clear, understandable to the average recipient, and visible advertising labels from the very beginning, such as “advertisement,” “paid collaboration,” or “sponsored content.” The Office of Competition and Consumer Protection (UOKiK) also recommends the use of two-level labeling, meaning that, in addition to the information contained in the content, the platform’s functionality must also be used to announce the paid collaboration. Detailed guidelines can be found in the Recommendations of the President of the UOKiK regarding the labeling of advertising content by influencers. Material is considered advertising content not only when the influencer receives monetary compensation in exchange for its creation. The same obligation applies when promoting your own business, receiving a free product or service, or obtaining a sales commission via an affiliate link or discount code (Recommendations of the President of the Office of Competition and Consumer Protection regarding the marking of advertising content by influencers).

In the event of non-compliance with the Recommendations of the President of the Office of Competition and Consumer Protection regarding the labeling of advertising content by influencers, pursuant to the Act of 16 February 2007 on Competition and Consumer Protection, the Office of Competition and Consumer Protection (UOKiK) conducts proceedings against entrepreneurs using practices that violate the collective interests of consumers. Actions may be taken against advertisers, influencers, and marketing agencies. Therefore, responsibility for incorrect labeling of advertising content rests not only with the creator publishing the material but also with all entities participating in organizing the promotional campaign. One of the sanctions that the President of the UOKiK has the right to impose is a financial penalty. Incorrectly labeled promotional material can also be considered surreptitious advertising. Due to the dynamic development of influencer marketing, the proper creation of marketing content is currently widely subject to UOKiK scrutiny. Therefore, it is worth clearly and understandably labeling sponsored publications, among other things, to avoid significant financial penalties.

Personal data protection

TikTok Shop, as a hybrid social network and e-commerce platform, processes a significant amount of data related to both user activity and purchasing processes. The app’s operation is based on audience profiling and matching the most relevant content. Therefore, the platform’s operations are subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

In addition to user data such as name, surname, contact details, shipping addresses, and payment information, media platforms also collect information that allows for behavioral analysis. Time spent browsing specific products, interactions with ads, and the history of items added to carts or wish lists allow the TikTok Shop platform to create a personalized recommendation system based on past activity. This phenomenon creates so-called behavioral advertising, a marketing strategy based on user profiling using advanced algorithms to predict future purchasing decisions. The concept of profiling refers to the automated processing of personal data, particularly for the purpose of predicting a user’s economic situation, personal preferences, interests, health, and location.

According to the GDPR, profiling is permissible, but it also comes with a number of obligations. Platforms are obligated to transparently inform users about, among other things, the purposes of profiling, the legal basis for data processing, the consequences of the actions taken, and their rights, including the right to object to profiling. Data of minors is particularly protected. Due to the growing popularity of the TikTok app among young users, it was necessary to subject it to special regulations in this regard. In the area of information society services, the processing of data of children over 16 years of age is lawful. An exception is made for situations in which a person with parental authority or guardianship provides prior consent. However, EU member states may introduce a lower age limit in their laws, but it must be at least 13 years old, as is the case in Poland, for example. To ensure that platforms enforce their obligations related to the protection of minors, they should use appropriate age verification mechanisms. In practice, however, this solution requires further improvement due to the common practice of users providing false data during registration.

The President of the Office of Competition and Consumer Protection (UOKiK) plays a crucial role in protecting users, especially the collective interests of consumers. He is authorized to take action against entrepreneurs who engage in unfair market practices, design manipulative interfaces, and so on. Personal data protection, however, falls primarily within the remit of the Office for Personal Data Protection (UODO), which oversees compliance with the GDPR and the secure processing of information by companies and institutions. Due to its global influence, TikTok has attracted increasing attention from EU authorities in recent years and is becoming the subject of more frequent inspections. Due to the platform’s European headquarters being located in Ireland, the relevant supervisory authority is the Irish Data Protection Commission (DPC). For example, in 2025, this institution imposed a fine of €530 million on ByteDance, the app’s owner. The fine was imposed on the transfer of user data from the European Economic Area to China in violation of the GDPR and the failure to demonstrate data protection at the level guaranteed in the EU.

The GDPR is supplemented by Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), which regulates, in addition to the processing of personal data, the confidentiality of electronic communications, also known as ePrivacy. Due to the scope of its regulations, the provisions of this directive have particular relevance to the TikTok Shop application. The platform uses numerous tracking technologies, such as cookies and mobile device advertising identifiers, to monitor user activity. Information may be stored on a user’s device or accessed only after obtaining prior consent. Exceptions are made only for technologies strictly necessary to provide the service requested by the user, such as remembering a shopping cart. An additional ePrivacy regulation was also envisaged, the purpose of which was to replace the current directive and harmonize the personal data protection rules applicable in all EU Member States. The changes were to include, among other things, simplifying the rules regarding cookies. However, the project encountered legislative difficulties and was not adopted by decision of the European Commission.

Abuse of Market Power and the Digital Markets Plan

The dynamic expansion of the largest digital platforms’ influence has led to the need to adapt competition law to the new situation, particularly in the digital market. To this end, the European Union adopted Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act – DMA). The Act introduces the concept of a gatekeeper. This term refers to an entrepreneur with an influential position in the internal market, through which business users reach end users. A gatekeeper provides a core platform service and maintains an established market position.

The dominant position of a gatekeeper is also associated with a number of obligations. Among other things, the practice of self-preferencing, which involves favoring one’s own products or services over the offers of other businesses using the platform, is prohibited. In the case of TikTok Shop, this could involve using recommendation algorithms to increase the visibility of products promoted by individual sellers, without applying objective and fair advertising criteria. This type of favoritism and limiting the reach of individual entities could lead to a distortion of fair competition between businesses using TikTok Shop for sales purposes.

By decision of the European Commission, BytaDance Ltd. was granted gatekeeper status solely for the operation of the TikTok application as a social media platform. The DMA regulations governing the gatekeeper position do not apply directly to TikTok Shop, but they may impact the rules for recommending products and using entrepreneurs’ data.

Media law and audiovisual regulations

Audiovisual materials are the primary tool for promoting and selling products on the TikTok Shop marketplace. Therefore, the app’s operations are also subject to scrutiny for compliance with media law and regulations governing audiovisual media services. The dominant role in this regard is played by Directive 2010/13/U of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation, or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive – AVMSD) and the Broadcasting Act of 29 December 1992, which implements it into Polish law. As a result of the amendment to the Act of 11 August 2021, the regulations have been extended to video-sharing platforms, including the TikTok app.

Video-sharing platforms are primarily obligated to implement appropriate measures to protect minors from harmful content that could negatively impact their moral, mental, or physical development. These provisions have been implemented into Polish law through Article 47e of the Broadcasting Act, which mandates, among other things, the marking of potentially inappropriate content with special graphics for young viewers. These regulations are particularly important for the TikTok Shop platform due to the constantly growing number of underage users. Posting content that spreads hatred and discrimination is also prohibited.

TikTok Shop, a hybrid social media platform and e-commerce platform, is often used to publish so-called audiovisual commercial communications—images used to directly or indirectly promote goods, services, or individuals (Directive 2010/13/U of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, Article 1). Article 9 of the AVMSD requires member states to ensure that such communications are easily recognizable, thus prohibiting hidden audiovisual commercial communications. The use of subliminal techniques or the inclusion of discriminatory content would also be illegal. The National Broadcasting Council (KRRiT) is responsible for ensuring compliance with audiovisual law. Its remit includes, among other things, overseeing the activities of video-sharing platform providers.

The sales method used by TikTok Shop may seem analogous to teleshopping, offerings directly to consumers to deliver goods or services in exchange for payment. This modern form of interactive audiovisual commerce (live shopping) bears numerous similarities to traditional teleshopping. The mechanisms of both aforementioned sales methods involve presenting the product, its specific features, available options, and generally encouraging the recipient to purchase. However, teleshopping is targeted at a general, anonymous audience who may only be interested in the recommended product. Meanwhile, TikTok Shop relies on advanced algorithms that target promotional content to users who, based on their previous activity, have shown interest in similar content.

Platform liability under e-commerce regulations

The original act regulating the legal liability of online platforms in the European Union was Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). Its foundation was the so-called safe harbor principle, i.e., the principle of limited liability of online intermediaries. According to this principle, hosting service providers and online platforms were not liable for content or goods published by users, provided they had no actual knowledge of the illegal nature of the content or goods or services or, upon obtaining such knowledge, promptly removed any infringements. Furthermore, the directive did not impose a general obligation on platforms to monitor content published by users.

However, the ongoing development of digital platforms has made it necessary to amend the current liability model. Regulation (EU) 2022/2065 – Digital Services Act (DSA) – came into effect on February 17, 2024. This regulation does not eliminate the principle of limited liability but significantly expands monitoring obligations, especially for very large online platforms (VLOPs). One of the key obligations introduced under the new regulations is the Know Your Business Customer (KYBC) principle. This regulation aims to increase the safety of consumers shopping online by limiting sales conducted by dishonest or anonymous traders. Before enabling sales through its platform, an online platform must collect and verify basic data identifying the seller. The required information includes, among others, the trader’s name, registered office address, contact details, registration number in the relevant register of traders, and the trader’s payment account details. In the event of refusal to provide the specified data or providing it falsely, the platform should prevent the trader from conducting sales until the situation is resolved.

A problematic issue related to the TikTok Shop app is defining the platform’s responsibility for transactions conducted by sellers using it. Although TikTok Shop formally acts as an online intermediary, it can be argued that its operating mechanism goes beyond passive hosting. A recommendation system using algorithms, promoting offers, and providing marketing and analytical tools to sellers are the mechanisms TikTok Shop uses to shape consumer behavior and purchasing decisions. The platform’s influence on the visibility of offers and the order fulfillment process may support assigning it broader responsibilities in overseeing the online sales process.

Regulations on electronic communications, including the European Electronic Communications Code and the Polish Electronic Communications Law

The TikTok Shop platform does not constitute an electronic communications service under European Union law, but its operations provide for various forms of electronic communication. TikTok Shop’s use of push notifications, in-app messages, and marketing communications requires the platform to comply with regulations governing electronic marketing and the protection of user privacy in electronic communications. The primary legal acts regulating these aspects are Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (EECC) and the Act of 12 July 2024 – Electronic Communications Law.

The primary function of TikTok Shop is to enable entities to sell goods through the social media platform. Article 2 of the European Electronic Communications Code defines an electronic communications service as the transmission of signal transmissions or the provision of interpersonal communications services. The mere ability to exchange messages between users or with sellers does not automatically qualify the TikTok Shop platform as a provider of electronic communications services, as this is not its core competency and does not constitute its core business. However, because electronic communications are primarily used for marketing purposes, it is obligated to comply with regulations governing direct marketing and the protection of user privacy.

Push notifications, messages sent directly to users’ mobile devices, are an increasingly popular marketing solution. TikTok Shop uses them to provide information about order status, discounts, time-limited campaigns, or the launch of live shopping. Transactional notifications regarding order fulfillment, shipping, or payment status are typically part of the contract and do not require marketing consent. However, notifications encouraging potential consumers to make a purchase are classified as direct marketing and, in accordance with electronic communications law, require prior user consent.

The practice of using automated calling systems and electronic means of communication for advertising purposes without the user’s prior consent is also prohibited. Users should be clearly informed about the purpose of receiving marketing communications, the data controller, and the possibility of withdrawing consent, which should not result in any negative consequences. With respect to the TikTok Shop platform, the above position means that it is unlawful to send promotional content to users solely based on the fact that they have an account on the app.

TikTok Shop is the clearest example of how thin the line between entertainment, advertising, and commerce has become – a one-tap purchase woven into a stream of content is now as effortless as liking a video. Yet that convenience comes at a price: the closed-loop model and algorithmic personalization shrink the time left for rational reflection, while responsibility for protecting the consumer shifts increasingly away from the buyer and onto the platform and the legislator. EU and national regulations – from consumer law, through the DSA and DMA, data protection and safeguards for minors, all the way to media and electronic communications law – form a web meant to counterbalance the platform’s power and restore the buyer’s awareness of their own choices. TikTok Shop thus remains a dual phenomenon: on one hand a groundbreaking innovation in digital commerce, on the other a test of whether the law can keep pace with a technology that sells faster than we can think.

Artykuł A Store in Your Pocket, the Law in the Background: TikTok Shop Under the Regulators’ Lens pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

Jan K., a literature enthusiast with an extraordinary fondness for Polish children’s poetry, finally managed to find a very rare book after a long search – an edition of Julian Tuwim’s “Locomotive,” which he purchased without hesitation from a used bookstore in Maryland, USA, via the online platform AbeBooks. The ease and simplicity of the solution – clicking the “BUY NOW” button, which would soon bring his dream book to him – combined with the bargain price for such a sought-after rarity in the reading community, filled Jan K. with optimism. From that moment on, he simply waited for the Polish Post to knock on his door and deliver him the publication he considered the opportunity of a lifetime. Perhaps it would have been, had Jan K. considered the key issues surrounding importing goods from the USA and the associated costs.

In analyzing the above case, it is crucial to focus on the fundamental concepts related to consumer rights and obligations, which have legal implications – and which can be reduced to the following questions: who does Jan K. become and what does he do in this regard? Given the dynamic growth of global e-commerce between the European Union and the United States, current regulations impose on consumers the role of participants in trade in goods. Under the Union Customs Code, and as confirmed by the case law of the Court of Justice of the European Union (CJEU), goods mean any product that has a measurable monetary value and, as such, may constitute the subject of a commercial transaction. Therefore, every shipment of goods is subject to customs supervision upon crossing the EU border (Article 134, point 1 of Regulation 952/2013 establishing the Union Customs Code), which also includes customs control (Article 5, point 3 thereof), which refers to specific verification activities performed by customs and tax authorities, such as a search of the goods. This procedure may also involve the risk of a customs debt (Article 5, point 18, ibid.), which would impose on the debtor (Article 5, point 19, ibid.) the obligation to pay the applicable shipping charges. Furthermore, raising the issue of a customs representative – in the form of direct or indirect representation (Article 18, point 1, ibid.), Poczta Polska could potentially become this representative.

Returning to Jan K.’s case, since the book meets the definition of a commodity, the consumer effectively becomes an importer of non-EU goods. The American sales platform was therefore merely a tool enabling the transaction and payment, acting solely as an intermediary between the seller and the buyer. Therefore, the consumer bears all legal responsibility for the authenticity of the documents submitted to Poczta Polska for clearance. Returning to reality, Jan K. should pay attention to important legal aspects when purchasing a unique reading item. It’s worth starting by separating the price of the goods from the shipping costs.

Higher mathematics – calculating customs value

If additional fees related to importing goods from the US to Poland are not included in the price, you should calculate how much you will actually pay for shipping, as the final customs value is made up of several additional fees. Shipping to the EU must first be added to the product price. Customs duty, which varies depending on the product type, is added to this amount (this information is available, for example, in the Polish ISZTAR tariff system or the European TARIC). This amount becomes our VAT base, and the tax is calculated from it. Estimating the total cost of goods, including import, significantly helps in making rational consumer decisions and can save our wallets, sometimes unprepared for additional financial burdens.Play

When tariffs work and when they don’t

Is Jan K. rightly happy about his bargain, or will he first have to contend with the customs system? Until now, a fairly favorable rule existed, according to which shipments up to €150 worth were completely duty-free. However, July 1, 2026, introduces a revolution in this area – the duty exemption is replaced by a flat-rate duty mechanism of €3 for each item, representing a group of goods of the same type, and therefore classified under the same CN code. Although from a customs perspective, the seller would be the customs debtor, the Ministry of Finance emphasizes that how this cost is calculated depends on the business policy of the given platform. Many American platforms add the flat-rate duty to the final price in the basket or in the shipping costs. Additional fees may also be related to the seller’s shipping terms – the seller may declare that they will cover import duties (DDP), or the buyer may be responsible for this, and may be charged a surcharge (DAP). Failure to establish clear shipping terms often results in the buyer being required to pay, a fact that only becomes apparent upon delivery. For this reason, Jan K. should verify the terms he agrees to and what additional costs are included in the price.

The IOSS and OSS procedures may provide some stability in terms of fees. IOSS, which applies to purchases of physical goods, including those from the US, is aimed at non-EU entities that conduct distance selling of imported goods (SOTI) and have established an intermediary that is an active VAT payer in Poland. Currently, this system is used by the vast majority of large platforms in the US, such as Amazon, eBay, Etsy, and Shopify, although additional verification is always helpful. EU and non-EU OSS, on the other hand, are primarily useful for digital services (e-books, games), telecommunications and broadcasting services (internet-based television signal delivery), and other intangible services (e.g., educational services). However, a key aspect of the IOSS system, which we will discuss in more detail in the context of purchases on US platforms, is the value threshold – if the actual value of a physical book is within €150, the platform will collect Polish VAT directly during the payment transaction. However, if this value were higher than EUR 150, IOSS cannot be used and the parcel is subject to the standard customs procedure requiring declaration on the SAD H1 document in the AIS-IMPORT system (i.e. use of the VAT E-Commerce system).

Where is the Polish Post Office in all this?

Article 19 of the Customs Law is a treasure trove of knowledge on the proper conduct of customs procedures – it regulates, among other things, the procedure for presenting goods and filing customs declarations in postal traffic handled by a designated operator. This is where Poczta Polska SA comes in, fulfilling this role, thus acting as a link between the e-consumer and the foreign operator. As mentioned earlier, anyone can appoint a customs representative, acting directly or indirectly. However, in the case of shipments imported from countries such as the USA, there is a certain institutional facility known as tacit (implicit) customs representation.

This mechanism works simply: if the actual value does not exceed €150, the designated operator, i.e., Poczta Polska, will be authorized by law to file a customs declaration on behalf of and for the benefit of the recipient (unless the consumer objects to the notification of arrival). What does this mean in practice? The platform simply adds Polish VAT at the time of purchase. If it uses the IOSS system, the customs declaration in the e-commerce system is submitted using the simplified H7 customs declaration, and the consumer receives the parcel from the Poczta Polska postman at no additional charge upon delivery. If the platform is not equipped with IOSS, VAT must be calculated and collected upon the goods’ arrival in the EU, which means the consumer pays VAT under the general rules upon delivery.

What if the shipment value exceeds €150? The problem of verifying whether the platform uses IOSS resolves itself somewhat. In this case, the platform loses its customs supplier status and assumes only accounting obligations, and therefore, customs and tax duties are settled within the scope of full customs declarations in the national AIS-IMPORT system in the importing country. Poczta Polska does not have an implied power of attorney in this case – the recipient receives a notification and must submit the required documents within 14 days, grant Poczta Polska a customs power of attorney, or otherwise perform customs clearance on their own.

Cooperation with Poczta Polska – proper documents for conscientious service

Courier companies are becoming increasingly popular, ensuring efficient delivery and clear communication. However, when importing goods from a non-EU country, additional fees may be charged. Poczta Polska often proves to be a more cost-effective alternative, but it requires a complete set of documents. This list includes: confirmation of the type and value of the goods; proof of payment: shipping costs, insurance, and any discount information; recipient details and additional documents such as certificates and permits (in transactions between private parties, a “declaration regarding the goods contained in the shipment” in the case of gifts). Importantly, the better the description of the parcel, the less chance of additional complications, such as the need to clarify the contents, prepare corrections, or delays.

Polish Post’s negative dictionary

Since we’ve touched on customs situations that can prove particularly problematic, we should mention Poczta Polska’s blacklist of goods – or rather, its negative vocabulary. This list lists goods for which Poczta Polska does not perform customs clearance under the VAT E-commerce package; customs clearance is handled independently. These primarily include: goods shipped as commercial samples, medicines and medical devices (high risk of shipment detention), food (possible additional inspections), plant and animal products (often subject to separate sanitary regulations), weapons, collectibles and counterfeits (intellectual property rights), electronics with batteries (frequent transport requirements), alcohol and tobacco products (tax regime and quantity restrictions). These goods therefore require special care and adherence to formal requirements, not to mention the need for full customs clearance using the SAD H1 import document.

Other (this time favorable) exceptions

Goods that deviate from the rule regarding proper customs clearance can also have a positive impact on the consumer. These special situations include, among other things, customs duty exemption. Under Article 203(3) of Implementing Regulation 2015/2447, non-Union goods that originally had EU status are exempt from import duties as a result of being exported from outside the EU and then re-imported within three years and released for free circulation. Another example, although going beyond sales on foreign sales platforms, are gifts with an actual value of up to €45 – they are completely exempt from customs duty if they are a private-to-private, occasional, free-of-charge, and appropriately marked package (excise goods do not apply here).

How will all this work in practice? The case of Jan K.

To this end, let’s consider two scenarios: in the first, Jan K. managed to snag his dream book for only €50, as it didn’t stand out from the catalog of books available at the second-hand bookstore. In the second, Jan K. paid €300 for “Lokomotywa” (The Locomotive), as it was a collector’s edition, practically unavailable in the current reading market. The AbeBooks platform, like most major American platforms, uses the IOSS system. What path will a consumer of the American sales platform have to take to enjoy their desired book?

Scenario 1: Locomotive below €150

The customs value is immediately apparent – Polish VAT was added to the price of the goods, and payment was made via the AbeBooks platform, while imports at the border are VAT-exempt. Although the flat-rate customs duty of €3 per item should have been paid through the platform, Jan K. should be aware that this amount could have been included in the price of the book itself or in the shipping costs. The parcel was shipped from the USA, and the seller marked it with the platform’s IOSS identification number. Jan K. did not object, so Poczta Polska became the tacit customs representative and processed the clearance automatically, using a simplified H7 customs declaration in the e-commerce system. The parcel was not classified as a collector’s item, which was due to the seller’s precise and detailed descriptions. A Poczta Polska postman delivered the parcel to Jan K., and from that moment on, he was able to immerse himself in Tuwim’s poetry.

Scenario 2: “Locomotive” above €150

Now let’s analyze a slightly less favorable option for Jan K.: Here, customs duty and VAT are not included in the book’s price, which initially pleased Jan K. The seller shipped the package, but because it was shipped from the United States, the carrier must submit an Entry Summary Declaration (ENS) and lodge it with the appropriate customs office before the goods arrive. An ENS would not be necessary only if the sale was made from common transit countries that have concluded agreements with the EU on the recognition of security and safety inspections conducted in these exporting countries, namely Norway, Liechtenstein, and Switzerland. When the package reaches Poland, customs and tax systems block its further route, and it is placed under customs supervision. Poczta Polska sent the importer, Jan K., a paper notification (although electronic notification is also possible) about the shipment being held for customs clearance. A terrified Jan K. tried to find out what was happening with his parcel and why it had been detained. He finally discovered that Poczta Polska was not his customs representative. After controlling his emotions, he gathered the necessary documentation, which included proof of purchase, payment confirmation with a breakdown of the price of the goods themselves, shipping fees, and item description, as well as a signed power of attorney, and sent it to Paczka Polska. Poczta Polska, which had become Jan K.’s active representative, processed customs clearance using the AIS-IMPORT system, using full import customs declarations on the SAD H1 document. The customs and tax office then assessed fees: customs duty based on the CN customs classification and VAT based on the tax base, which is the combined price of the goods, transportation fees, and customs duties. This process was successful, the parcel was returned to postal service, and the postman knocked on Jan K.’s door – the importer’s enthusiasm was somewhat lower than in Scenario 1, as he had already incurred customs and VAT costs before beginning the reading.

What if the package arrives damaged?

The complications continue: the package was damaged, and we don’t know who to contact. Since the introduction of the Tax Explanations on July 1, 2021, autonomous tax law creates a legal fiction under which the electronic interface operator is considered a B2C supplier, the platform is therefore obligated to tax and settle the transaction. This solution is primarily beneficial to officials, who find it more convenient to collect VAT from a large platform than from hundreds of smaller sellers. On the other hand, it creates a certain ambiguity – as we established above, the platform is still merely an intermediary under civil law. Why do we see a discrepancy here? Because of the issue of tortious liability.

If the “Locomotive” purchased by Jan K. were lost or destroyed before delivery, from July 2021, the consumer would have to direct warranty or non-performance claims to the Maryland antiquarian bookstore, not the AbeBooks platform (if the damage occurred during transport, i.e., before formal release by customs). It should undergo a qualification process as defective goods, and if approved, the American seller is to make a price adjustment, which will reduce the overall customs value, automatically including the costs of customs duty and VAT. For goods over €150 or of collector’s value, the loss or destruction of a package in the warehouse results in a customs debt, and Poczta Polska becomes the debtor. If damage to goods worth less than €150 occurred during transport by Poczta Polska, after legal qualification and removal of the goods from customs supervision, the postal operator is obligated to pay the VAT, along with default interest.

Despite the many scenarios, one important rule stands out – the platform itself very rarely pays compensation. Based on US court decisions (such as the Bolger vs. Amazon.com, LLC case, in which Angela Bolger suffered serious bodily injury after a laptop battery purchased through Amazon exploded), it can be assumed that the chance of obtaining compensation increases essentially only if the platform controlled the physical delivery process. Or rather, if this can be proven in court. Platform uniqueness, as Janger and Twerski called it in their renowned 2023 analysis, is increasingly being raised as a serious problem for consumer protection and rational risk management. American sales platforms hide behind formal definitions of “sale” and “title,” but in practice, these explanations have little application. This absurdity is particularly evident in models such as FBA (Fulfillment by Amazon), where the platform stores, packages, and ships the goods, and claims the right to substitute without consulting the consumer. The fiction of a “recognized supplier” exists under VAT law, yet remains free from civil liability.

Cost-related catches – what to watch out for so as not to overpay

As the example above shows, the issues of cost and financial responsibility are often ambiguous, so it’s important to understand what additional fees we might be exposed to. Distinguishing the price of the goods from transportation fees, customs duties, and VAT is the first, but not the last, point at which we should consider how much importing goods purchased on an American marketplace will actually cost us. In addition to the components of the customs value, we must also consider other possible fees, such as the cost of insuring the imported goods, loading and handling fees associated with their transport to the national border or a Polish port.

The principle that “determinations of charges for transport costs must be unambiguous, precise, and separate for domestic and international sections” is one of the key aspects of EU customs law. Why is this so important? According to Articles 71 and 72 of the UCC, foreign and domestic sections are treated differently – the customs value of goods increases upon entry into the customs union, whereas within the EU, costs are not included in this value. However, the Act introduces a condition here, specifically a clear separation of goods and transport costs (which is why this had to be clearly stated in Scenario 2 of Jan K. in Jan K.’s documents for Poczta Polska). If only one transport amount appears on the invoice, the customs authority has the right to include 100% of the transport costs in the customs value. This trap, known as the cascading effect, is likely to occur in transactions on online marketplaces, as confirmed by the Supreme Administrative Court’s rulings in this case.

The customs authorities’ reasoning can be traced to the Supreme Administrative Court’s judgment of March 17, 1999 (SA/ Sz 1731/98). In this case, the Spanish wine seller failed to divide costs and sections into foreign and domestic, and the transaction itself resulted in two sets of invoices for different amounts (the second set of invoices had a significantly higher value). The Supreme Administrative Court dismissed the importer’s complaint regarding alleged violations of customs and administrative law by the customs authorities, and in its justification, cited the obligation to determine the amount due in a clear and precise manner, using objective and measurable data. The judgment is a reprimand for the company’s arbitrariness.

Separating costs is also important in so-called simplified procedures. As mentioned earlier, the simplified H7 declaration applies to products whose actual value, i.e., the price of the goods themselves, does not exceed €150. If the seller fails to separate the costs on the invoice, shipping costs will be included in the actual value – if this amount exceeds €150, the seller will have to go through the full customs procedure. Failure to clearly present the cost breakdown could also impact the efficiency of the entire import procedure. Because the simplified H7 declaration is processed automatically by the National Tax Administration, the algorithm may detect irregularities in the declared data, which may result in document revisions or a physical inspection of the package. This, in turn, can generate potential delays and other problems.

There are also minor and often overlooked issues, such as different CN codes for goods in the same package. A separate flat-rate customs duty must be paid for each item from a different line item. Let’s not forget the mundane, yet utterly human, issue: if the item we ordered doesn’t meet our expectations and we want to return it, the customs and VAT costs will not be refunded. With this in mind, it’s important to weigh the pros and cons before making a final decision.

Summary

The purchase of Tuwim’s “Locomotive,” besides its aesthetic appeal, undoubtedly provided Jan K. with insight into the EU customs system for goods imported from outside the European Union, specifically the USA. The most important lessons learned from this lesson include an awareness of the consumer’s role when importing goods from outside the EU and their customs and tax obligations, as well as the operating principles and powers of the Polish Post, along with its requirements for importers. The potential costs incurred by both consumers and sellers in transactions made via the online marketplace were also analyzed. A study of regulations and specific examples demonstrated the importance of a properly conducted procedure for both parties, so as to avoid unnecessary financial burdens on either side.

In the current era of globalization and the development of global export giants, purchasing products and services online is inevitable. American platforms such as Amazon, eBay , Wayfair, Target, and Walmart, having established a stable and strong position in the global market, conduct sales primarily focused on protecting their structures and generating profits. Therefore, as Polish consumers of American products, we should, above all, protect our own interests and financial security, be aware of the dangers and risks associated with ignorance of appropriate customs procedures and our obligations as a party to the transaction. In other words, let’s follow the example of Jan K., who fulfilled his desire for a unique book by studying his consumer rights and responsibilities on the American platform AbeBooks.

Bibliography:

Legal acts:

Act of 11 March 2004 on tax on goods and services (consolidated text: Journal of Laws of 2025, item 775, as amended). https://sip.lex.pl/#/act/17086198/444640770/podatek-od-towarow-i-uslug?keyword=podatek%20od%20towar%C3%B3w%20i%20us%C5%82ug%20&searchPit=2026-07-15

Act of 19 March 2004 – Customs Law (consolidated text: Journal of Laws of 2024, item 1373). https://sip.lex.pl/#/act/17088507/441956979/prawo-celne?keyword=ustawa%20prawo%20celne%20&searchPit=2026-07-15

Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (codified version) (OJ L 324, 2009, p. 23, as amended). https://sip.lex.pl/#/act/67914249/3571055/rozporzadzenie-1186-2009-ustanawiajace-wspolnotowy-system-zwolnien-celnych-wersja-ujednolicona?keyword=Rozporzadzenie%C4%85dzenie%201186%2F2009%20ustanawiaj%C4%85ce%20ws%C3%B3lnotowy%20system%20zwolnie%C5%84%20celnych%20(wersja%20ujednolicona)&searchPit=2026-07-15

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 2013, p. 1, as amended). https://sip.lex.pl/#/act/68359246/176766672/rozporzadzenie-952-2013-ustanawiajace-unijny-kodeks-celny?keyword=Rozporz%C4%85dzenie%20952%2F2013%20ustanawiaj%C4%85ce%20unijny%20kodeks%20celny%20z%201%20maja%202016%20&searchPit=2026-07-15

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 2015, p. 558, as amended). https://sip.lex.pl/#/act/68591768/181445989/rozporzadzenie-wykonawcze-2015-2447-ustanawiajace-szczegolowe-zasady-wykonania-niektorych…?keyword=Rozporzadzenie%20wykonawcze%202015%2F2447%20z%201%20maja%202016%20&searchPit=2026-07-15

Ministry of Finance. (2021, September 1). Tax clarifications regarding the so-called VAT e-commerce package introduced by the Act of May 20, 2021, amending the Act on Value Added Tax and certain other acts (Journal of Laws, item 1163) . https://www.podatki.gov.pl

Judgment of the Supreme Administrative Court in Szczecin of 17 March 1999, SA/ Sz 1731/98, M.Podat. 2000, no. 5, item 29.

https://sip.lex.pl/#/jurisprudence/520132316/1?directHit=true&directHitQuery=SA%2FSZ%201731%2F98

Artykuł A well-aimed shot at American e-commerce. A practical guide to customs clearance of US shipments through the Polish Post. pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

The phenomenon of fake reviews in the digital space has evolved from a marginal image issue to a central focus of market supervision authorities and EU legislators. The contemporary ontology of this phenomenon extends beyond primitive content fabrication to encompass any form of communication that, by distorting the actual consumer experience, misleads the recipient, directly influencing their decision-making process. Legally, a fake review is considered not only a completely false message, but also one that, by omitting important facts or manipulating context, creates a false impression of the quality of a product or the reliability of a seller. This practice is classified as unfair commercial activity if its nature causes or is likely to cause the average consumer to make a transactional decision they would not otherwise make, thus violating the fundamental principles of fair dealing.

The typology of activities considered unfair rests on several fundamental pillars, the most blatant of which is direct fabrication. This involves posting or commissioning the creation of false recommendations from specialized external entities, such as marketing agencies, which directly violates regulations on combating unfair market practices. Another mechanism is selective manipulation, in which a business intentionally manages the visibility of reviews by removing, concealing, or delaying the publication of negative reviews while favoring positive ones. Such action distorts the image of actual customer satisfaction and is considered misleading regarding the essential characteristics of a product or service. An equally significant aspect is feigned verification, i.e., declaring that reviews come from real buyers without implementing proportionate and reasonable steps to verify their authenticity, which constitutes a direct violation of the disclosure obligations imposed by the Omnibus Directive.

Contemporary market practices have also evolved more subtle forms of manipulation, such as astroturfing, which involves creating artificial social support through employees or store owners posing as independent consumers. These activities often involve the manipulation of user profiles, where images generated by artificial intelligence algorithms are used to authenticate fictitious accounts, creating false social proof. Each of these practices, regardless of their technological sophistication, is subject to strict scrutiny by competition and consumer protection authorities.

The role of the President of the Office of Competition and Consumer Protection and the responsibility of management boards

The President of the Polish Office of Competition and Consumer Protection (UOKiK) serves as a central regulator in the legal system, endowed with rigorous powers to counteract violations of collective consumer interests. The main disciplinary instrument at the authority’s disposal is an administrative fine, which can be imposed in the amount of 10% of the turnover achieved by the entrepreneur in the financial year preceding the year of issuance of the decision. The amount of the fine is not determined arbitrarily, but rather results from precisely defined criteria, which include, above all, the scale of the violation, its duration, and the degree of intentionality of the perpetrator. Importantly, this fine is intended to serve not only a repressive function but, above all, a preventive and deterrent one, discouraging other market participants from engaging in similar unfair practices involving the manipulation of reviews or misleading as to the authenticity of reviews.

The enforcement procedure in consumer matters is designed to ensure high effectiveness of supervisory activities. A business subject to a sanction is obligated to settle the fine within 14 days of the decision becoming final, which directly contributes to the state budget. A crucial procedural element is the prejudicial nature of the decisions of the President of the Office of Competition and Consumer Protection (UOKiK), which means that the authority’s findings regarding violations of the law are binding on common courts in compensation cases brought by injured customers. This legal structure significantly facilitates consumers in pursuing civil claims, as they do not have to prove the illegality of the store’s actions, focusing solely on demonstrating the damage suffered. The office’s activity in recent years, reflected in numerous proceedings against e-commerce leaders, confirms that protecting the transparency of reviews has become a regulatory priority, translating into real and severe financial consequences for violators.

The contemporary model of liability in consumer protection law departs from a concept focused solely on the business entity, shifting the burden of sanctions also to individuals who actually manage the enterprise. The President of the Office of Competition and Consumer Protection (UOKiK) has the authority to impose a personal fine of up to PLN 2,000,000 on a manager. This liability is triggered by demonstrating that the manager has intentionally allowed – through their actions or conscious omissions – the company to violate collective consumer interests. In case law, the degree of management involvement in decision-making processes regarding marketing and communications is crucial. This liability may therefore affect a management board member who approves a budget for obtaining reviews from external opinion farms or ignores the lack of implementation of verification procedures under the Omnibus Directive, despite being aware of such deficiencies.

It should be emphasized that the responsibility of managers is autonomous and independent of any penalty imposed directly on the entrepreneur. This is intended to provide a strong incentive for management to build internal compliance structures and actively oversee the entity’s operational ethics. In the era of digitalization of trade, where algorithms and automation of marketing processes can generate violations on a massive scale, the personal financial risk of managers is intended to compel prioritizing compliance as the foundation of business strategy. Therefore, the systemic fight against false reviews is implemented not only through sanctions against corporate structures but also by disciplining those who actually shape companies’ market policies. This, according to the legislature, is intended to ensure long-term improvement in integrity standards in electronic trading.

The Omnibus Directive and the blacklist of market practices

The implementation of the Omnibus Directive into the Polish legal system significantly redefined transparency standards in e-commerce, introducing mechanisms that directly address the systemic manipulation of consumer reviews. A key instrument in this regard is the so-called blacklist of market practices, which constitutes a catalog of behaviors considered unfair in all circumstances, eliminating the need for supervisory authorities to conduct a case-by-case analysis of the consequences of a given action. Classifying these market torts as unfair practices aims to eliminate evidentiary difficulties, as their mere existence exaggerates the entrepreneur’s wrongdoing. This legal framework not only strengthens the consumer’s position but, above all, simplifies the evidentiary process, making the fight against e-commerce abuse more effective and predictable for market participants. The foundation of the new regulations is an absolute prohibition on manipulating the verification and authenticity of product recommendations, which imposes an active obligation on sellers to implement procedures to verify the origin of reviews.

Under the current wording of the regulations, it is considered an unfair market practice for a trader to claim that product reviews were posted by consumers who actually used or purchased the product, in situations where reasonable and proportionate steps were not taken to verify their authenticity. This practice violates the consumer’s right to reliable information, which is essential for making an informed decision about purchasing the product, and violating it constitutes conduct contrary to good practice. The law prohibits not only posting completely false reviews, but also commissioning third parties to create them, or transferring recommendations between products with different parameters, which is referred to as review hijacking. Other offenses listed in the catalog are treated equally severely, such as using false quality certificates without appropriate authorization or using surreptitious advertising, which involves using editorial content to promote a product without clearly identifying the paid nature of the communication. Aggressive techniques are also considered particularly burdensome, including mass spamming and forced selling, which involves demanding payment for products delivered to the consumer without their prior order.

The blacklist also eliminates techniques such as bait advertising and direct persuasion of children to purchase, which aims to protect the integrity of the consumer decision-making process from manipulation. This protection of minors stems from their particular vulnerability to advertising messages and their inability to critically assess the persuasive nature of commercial offers. Expanding the list to include a ban on posting or commissioning another person to post false reviews for the purpose of promoting products significantly complements the system, preventing brands from using agencies that fabricate social evidence. It is emphasized that any form of distortion of the actual image of a product’s popularity constitutes a violation of the collective interests of consumers, which entitles the President of the Office of Competition and Consumer Protection (UOKiK) to intervene under public law as soon as a threat to the interests of all market users arises.

A particularly significant and painful consequence of these unfair techniques for entrepreneurs is a specific civil law sanction in the form of an extended right of withdrawal from the contract. If an e-store engages in practices listed in the prohibited catalog or fails to comply with information obligations regarding review verification, the statutory return period granted to the buyers is extended from 14 days to a full 12 months. This mechanism is a direct consequence of the assumption that, in the absence of reliable information, the consumer could not have expressed a fully informed intention to purchase, which suspends the running of standard mandatory deadlines. Systematic combating of review fraud and the use of black market practices is therefore becoming not only a matter of business ethics but the foundation of legal security and stability for every entity operating in the e-commerce sector. Neglect in transparency can lead to mass claims for refunds, posing a real threat to the operational liquidity of the company.

Manipulation Architecture and Platform Obligations under the Digital Services Act (DSA)

The phenomenon known as dark patterns constitutes a sophisticated form of interference in the user’s decision-making process, based on the deliberate use of interface architecture to distort their autonomy of will. Manipulative design patterns are not merely a manifestation of aggressive marketing, but a systematic designer’s action aimed at inducing a specific cognitive bias in the consumer, which ultimately leads to a purchase decision they would not have made in conditions of full transparency. The psychological foundation of these actions is the use of heuristics, i.e., simplified rules of reasoning and automatic thinking, which in the fast-paced environment of e-commerce transactions make the user susceptible to subliminal suggestions. This phenomenon has evolved from simple forms of persuasion to advanced interface manipulation, where the line between inducement and fraud is deliberately blurred to maximize conversion at the expense of the interests of the weaker party in the legal relationship.

A particularly significant area of application of these practices is the system for presenting reviews and suggesting their authenticity, where manipulation takes the form of so-called interface interference. Businesses often employ patterns involving selective content display, which in practice means deliberately hiding negative reviews on subsequent pages of the website while simultaneously highlighting only enthusiastic reviews on the product’s home page. This practice violates the model of the average consumer, who has the right to expect that the image presented of a product’s popularity and quality is reliable and has not been subjected to arbitrary filtering. Manipulation in the sphere of social evidence also includes fabricating popularity indicators, such as false messages about the number of people viewing a given product at a given time or false offer duration counters, which create an artificial sense of scarcity in the user and pressure them to immediately close the transaction. Under the Polish Act on Combating Unfair Market Practices, these activities may be classified as misleading because they distort the actual market conditions, preventing a rational comparison of offers.

Another dimension of manipulation is the technique known as confirmation shaming, which in the sphere of opinion writing involves the use of evaluative and emotional language to coerce users into specific behaviors, for example, through unsubscribe buttons suggesting a lack of consumer awareness. These practices are closely related to the “roach motel model”, where the process of issuing a favorable review is simplified to the maximum extent, while editing, reporting an error, or deleting content requires navigating a complex subpage structure, which is intended to discourage users from correcting false information. In the legal context, such procedural barriers are considered burdensome impediments that violate good practice and the principle of commercial fairness. An analysis of case law and the positions of supervisory authorities indicates that an interface that deliberately hinders users from exercising their rights or changing their minds loses its neutrality and becomes a tool for harming consumer interests.

A fundamental change in the regulatory sphere was brought about by the entry into force of the EU Digital Services Act (DSA), which, in Article 25, explicitly prohibits online platform providers from designing, organizing, and operating interfaces in a way that misleads or manipulates service users. This regulation is overarching and complements the existing consumer protection framework by introducing a direct obligation to maintain neutrality in choice architecture and prohibiting structures that significantly impede users’ ability to make free and informed decisions. Violation of this prohibition entails not only civil law risks but also severe administrative sanctions, which can amount to a significant percentage of the business’s global turnover.

In the sphere of law enforcement, the key role is played by the model design of the average consumer, who is observant and cautious but lacks specialized knowledge of the psychological mechanisms used in interface design. This protection is preventative and abstract in nature, meaning the President of the Office of Competition and Consumer Protection (UOKiK) can intervene in situations where the mere existence of a manipulative pattern poses a real risk of distorting market behavior, without having to wait for measurable financial damage to a specific individual. Effectively combating dark patterns requires businesses not only to comply with the law but, above all, to shift to a design model focused on reliability, where all product information, including opinions, is presented free from coercive mechanisms. Ultimately, interface transparency is becoming a prerequisite for maintaining trust in the digital economy, and the use of sophisticated forms of manipulation is perceived as highly harmful to society, subject to strict assessment in light of the principles of social coexistence.

New obligations for marketplaces regarding moderation and transparency

The entry into force of Regulation 2022/2065, known as the Digital Services Act (DSA), represents a fundamental shift in the liability paradigm for intermediary service providers, particularly marketplaces. This regulation shifts the emphasis from passive content hosting to active oversight of the transparency and security of the digital system, introducing rigorous operational standards aimed at eliminating illegal content while respecting users’ fundamental rights. A key pillar of this reform is the formalization of moderation processes, which until now were often subject to arbitrary internal platform decisions and are now subject to strict procedural rigors contained in the notice-and-action mechanism. Under the DSA, each platform is required to provide easily accessible and user-friendly tools for identifying potentially illegal content, including fake reviews or infringing offers. The mere receipt of a report obliges the provider to promptly and objectively address it.

The evolution of moderation obligations is inextricably linked to the requirement for transparency in decisions, which is achieved through the justification mechanism provided for in the EU regulation. When a marketplace decides to remove content, limit its visibility, or suspend a user’s account, the user is absolutely obligated to provide clear and specific reasons for such action, which is intended to prevent abuse by blocking reliable reviews that are unfavorable to the seller. This system is complemented by a mandatory internal complaint handling system, which allows users to appeal moderation decisions free of charge within a period of at least six months. This constitutes an important procedural guarantee and allows for the correction of potential algorithmic errors. It is indicated that such a legal framework is necessary to counteract the fragmentation of consumer protection, which previously relied primarily on general national clauses that were unsuitable for the scale of operations of global digital entities.

A significant innovation introduced specifically for trading platforms is the “Know Your Business Customer” (KYBC) principle, regulated in the chapter on marketplace transparency. These entities are charged with collecting and verifying information about traders offering their products through their interfaces, including registration data, payment account numbers, and declarations of commitment to offer goods in compliance with EU law. This mechanism aims to eliminate the phenomenon of anonymous sellers, who often promote defective products using fabricated reviews and, after raising capital, disappear from the market, avoiding legal liability. The platform is obligated to suspend services for sellers who fail to submit the required documents, making the marketplace an active guardian of the legality of trade, rather than merely a passive intermediary in trade.

The scope of transparency obligations extends beyond relationships with individual users to include public reporting through the periodic publication of transparency reports. These documents must include detailed data on the number of orders received from national authorities, statistics on content moderation initiated by the platform itself, and information on the use of automated tools in verification processes. For very large online platforms, these rigors are even stricter, including the obligation to conduct annual audits and systemic risk assessments, including analysis of the interface’s vulnerability to manipulation that could negatively impact public safety or consumer protection. The systemic fight against disinformation and unfair market practices is therefore anchored in the full transparency of operational processes, which allows supervisory authorities to continuously monitor the effectiveness of implemented security measures.

Supervision of compliance with these obligations is based on a new institutional architecture, in which national digital services coordinators, working closely with the European Commission, play a central role. The enforcement system for the adopted regulations is based on fines of up to 6% of a provider’s global turnover, which compels compliance with specific cybersecurity standards. This control system is designed to ensure that marketplaces not only implement the required procedures but also apply them reliably and uniformly across the European Union, which is crucial for building consumer confidence in cross-border trade. The introduction of these standards ends the phase of full regulatory freedom for platforms, imposing on them real responsibility for shaping the environment in which the modern exchange of goods and services takes place.

Technological verification mechanisms and modern operating models

Authenticity Suggestion and Pressure Mechanisms

The evolution of digital market oversight has led to the development of mechanisms in which traditional legal instruments are increasingly being replaced by algorithmic jurisdictions based on advanced artificial intelligence systems. The phenomenon known as AI exclusion is a modern form of sanction that, for e-commerce entities, can prove more severe than traditional financial penalties imposed by administrative bodies. The foundation of this process is the integration of data on the credibility of reviews directly with positioning parameters in ranking systems, which means that transparency is no longer merely an ethical obligation but a condition for the technical visibility of an offer. Recommendation algorithms operating within platforms such as Google and Amazon constantly analyze behavioral and linguistic patterns to identify anomalies suggesting manipulation of social evidence. These systems are currently capable of recognizing the structure of texts generated by LLM language models, which are characterized by a specific repetition of phrases and a lack of emotional details typical of authentic consumer experiences. An additional risk factor subject to automatic verification is the so-called review growth rate, where a sudden jump in the number of positive ratings without correlation with actual website traffic or sales volume is interpreted by AI as a warning signal initiating restrictive procedures.

The consequences of an online store being classified by AI systems as posing a high risk of manipulation are immediate and often irreversible in the short term. This mechanism, known in market practice as shadow banning or de-indexing, leads to a drastic decline in visibility in search results and the blocking of offers in advertising systems, effectively cutting the entrepreneur off from key customer acquisition channels. Under the provisions of the Digital Services Act, providers of very large online platforms are required to maintain particular transparency regarding the parameters used in recommendation systems. Article 27 of the aforementioned regulation requires platforms to clearly define in their regulations the key parameters determining information ranking, which aims to limit algorithmic arbitrage and enable entrepreneurs to understand the reasons for a potential decline in their market exposure. It is worth noting that modern risk assessment systems may be classified as high-risk systems within the meaning of the Artificial Intelligence Regulation, which imposes strict requirements on their creators regarding human oversight and the prevention of algorithmic discrimination.

In parallel to restrictive systems, a paradigm known as agentic commerce is developing, in which purchasing processes are carried out by autonomous AI assistants acting directly on behalf of the consumer. In this model, traditional product reviews cease to serve as persuasive texts for humans and become raw input data for machines that filter the market in search of offers with the highest level of verified trust. A key element of this new commerce architecture is the so-called trust layer, built on protocols such as the Universal Commerce Protocol promoted by Google or the Agentic Commerce Protocol developed by OpenAI. These systems are guided not only by price or availability of goods but above all by the certified credibility of the seller’s data, automatically rejecting offers from entities that lack a clear digital traceability of their recommendations. The collaboration of AI assistants with secure payment systems, such as the Agent Payments Protocol, creates a closed ecosystem in which offers at risk of manipulation are excluded at the initial algorithmic selection stage, before they are even presented to the user.

In the era of agent-based commerce, the role of modern shopping assistants is becoming dominant, forcing businesses to redefine their credibility-building strategies. The Context Protocol model and other open-source solutions enable the exchange of context between various AI models and commerce systems, allowing information about unfair practices by a single store to be instantly shared across the entire assistant network. The doctrine suggests that this systematic approach to eliminating abuse is a natural response to the technological ease of fabricating content online. For an e-commerce store, losing its trustworthy status in the eyes of Google or OpenAI algorithms means the modern equivalent of server shutdown, as AI assistants, protecting the interests of their users, will systematically bypass offers that generate manipulative signals. Thus, the fight for authenticity is no longer a mere compliance issue but an existential foundation in the new, automated e-commerce environment, where barriers to entry into the trust layer are becoming increasingly difficult for entities employing pressure mechanisms and suggesting false authenticity.

Compliance as a Service and the Digital Feedback Path

The rapid evolution of the e-commerce market and the increasing professionalization of unfair market practices have forced entrepreneurs to abandon a reactive reputation management model in favor of proactively building a digital immune system. The scale of the challenge facing modern e-commerce is illustrated by analyses of the systematic erosion of trust in the digital sector, pointing to the prevalence of fake reviews and consumer concerns about the mass implementation of generative artificial intelligence for opinion fabrication. This state of affairs creates decision paralysis, where an overabundance of unreliable information, instead of supporting the purchasing process, becomes an insurmountable barrier.

The economic impact of the lack of reliable content verification is directly measurable and translates into tangible operational losses for businesses. The literature emphasizes that exposure to manipulated reviews drastically reduces purchase intentions and brand trust, generating measurable financial losses. The information vacuum filled with false enthusiasm also leads to a phenomenon known as post-purchase dissonance, in which a product that fails to meet expectations is returned to the seller as a complaint or contract withdrawal. Consequently, the lack of investment in transparent review processes generates hidden logistical and operational costs that, in the long run, may outweigh the gains achieved through the temporary increase in conversions driven by manipulation.

In response to increasing regulatory rigor, including the Omnibus Directive, the Digital Services Act (DSA), and the AI Act framework, an operational model known as Compliance as a Service (CaaS) has emerged in market practice. It involves fully outsourcing compliance processes to specialized technology providers who take over the burden of monitoring and verifying content in accordance with current regulations. CaaS allows for the automation of data oversight, which is essential in an environment where the volume of incoming reviews precludes manual oversight without risking accusations of disproportionality. In this approach, compliance ceases to be merely an administrative cost and becomes a component of a strategy for building brand value by guaranteeing the authenticity of every customer touchpoint.

The foundation of the Compliance as a Service model is the maintenance of clean data and the generation of an indisputable digital trace of the review’s provenance. Every published review should be accompanied by a log containing metadata regarding the specific transaction, a unique order number, and delivery status, creating auditable proof of authenticity that can be presented during inspections by supervisory authorities such as the President of the Office of Competition and Consumer Protection. This digital reconstruction of the review process provides the most effective legal shield for businesses, eliminating the risk of allegations of unfair market practices. In the era of algorithmic jurisdiction, where ranking systems favor content supported by digital evidence, having a certified trace of data provenance is becoming a prerequisite for maintaining the market visibility of an offer.

Parallel to technical verification, modern review management systems integrate mediation mechanisms that allow for the amicable resolution of disputes before they are publicly expressed. Market experience suggests that implementing structured review processes allows for the amicable resolution of a significant portion of consumer disputes, effectively preventing the publication of negative reviews resulting from logistical errors. This approach aligns with the principles of reliability and good market practices, building customer relationships based on dialogue rather than solely on the one-way transmission of ratings.

Transaction verification is now becoming the market standard, replacing open, abuse-prone review sections with a system of unique invitations sent only after a purchase is completed. The literature emphasizes that restricting the review process to those who actually purchased the product is the simplest and most effective way to comply with the obligations imposed by the Omnibus Directive. This not only minimizes the risk of severe financial penalties, but above all, provides AI shopping assistants with reliable input data, which, in the new agent-based commerce paradigm, will determine the viability of each entity in the e-commerce ecosystem.

Artykuł Faking reviews in e-commerce – analysis of new legal regulations, algorithmic mechanisms and market practices in the e-commerce sector pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.