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Is Your Company Ready for the New UOKiK Guidelines on Consumer Protection Fines?
- Feb 17
- 4 min read
In December 2025, the President of the Urząd Ochrony Konkurencji i Konsumentów (UOKiK – the Polish Office of Competition and Consumer Protection) published new guidelines on determining financial penalties imposed on businesses that infringe collective consumer interests or use unfair contractual clauses.
These guidelines replace the approach that ceased to apply in 2016 and establish the current framework of the authority’s penalty policy. Importantly, they apply both to ongoing proceedings and to cases initiated after their publication. For companies operating in consumer markets, this is not a theoretical update – it is an immediate compliance issue.
For business owners, CFOs, accountants and compliance officers, the message is clear: the methodology for calculating fines has been clarified and formalized, and financial exposure is now more structured and transparent.
Legal Nature of the Guidelines – What Do They Change?
The new guidelines are not a formal source of law. They do not create new statutory obligations. However, their practical significance lies elsewhere: they describe how the President of UOKiK interprets the Act on Competition and Consumer Protection when imposing penalties.
In practice, this means:
greater methodological transparency,
more consistent calculation standards,
improved predictability of the authority’s analytical approach.
However, the amount of any given fine remains subject to individual assessment. The guidelines standardize the methodology, not the outcome.
Business Liability – Even Without Intent
A financial penalty may be imposed if a business – even unintentionally – infringes the prohibition against practices violating collective consumer interests or applies unfair contractual terms.
When determining the fine, the President of UOKiK considers:
the nature and gravity of the infringement,
the duration of the practice,
the market impact,
the economic and non-economic effects on consumers,
any previous infringements by the entrepreneur.
This confirms that lack of intent does not exclude liability. From a compliance perspective, systematic internal review of contract templates, advertising messages and customer communication becomes essential.
The Base Amount – The Core of the Calculation
The central element of the penalty calculation process is the so-called base amount. The Act sets only the statutory maximum (up to 10% of annual turnover), leaving the authority discretion in selecting the calculation methodology.
The base amount must reflect the seriousness of the infringement and its impact on consumers. When establishing it, the authority assesses:
the degree of interference with consumer interests,
the character of the infringement (visible or difficult to detect),
whether consumers could reasonably identify the violation,
the level of diligence expected from an average consumer.
The greater the informational asymmetry and the harder the infringement is to detect, the higher the potential penalty.
Market Effects and Duration of the Practice
Actual market consequences play a key role. If the infringement resulted in:
unjustified consumer costs,
financial losses,
significant deterioration of consumers’ situation,
this will directly influence the base amount.
The authority also evaluates the number of affected consumers and the difficulty of remedying the consequences.
Duration is not assessed mechanically. A short but intensive advertising campaign may be considered as serious as a long-term but less visible infringement.
Business Context – Industry and Target Group Matter
The President of UOKiK also takes into account:
the characteristics of the target consumer group (with special protection for vulnerable groups),
the nature of the goods or services,
whether the product is essential for daily functioning (e.g., financial services, telecommunications, energy supply),
turnover generated in Poland,
the relationship between domestic turnover and total business activity,
potential sanctions imposed by other domestic or foreign authorities.
Infringements concerning essential services are likely to be assessed more strictly than those related to luxury goods.
Mitigating and Aggravating Circumstances
Once the base amount is determined, it may be adjusted based on mitigating or aggravating factors.
Examples of mitigating circumstances:
voluntary removal of the effects of the infringement,
voluntary cessation of the practice,
active cooperation with the authority beyond statutory obligations.
Aggravating circumstances (closed catalogue):
wide scope of the infringement,
significant benefits gained,
previous similar infringements,
intentional conduct.
A well-designed response strategy during proceedings may significantly affect the final penalty.
Final Assessment and Statutory Cap
Regardless of the calculations, the fine cannot exceed 10% of the entrepreneur’s annual turnover. The final amount is rounded down to full thousands of PLN.
At the final stage, the President of UOKiK conducts an overall proportionality assessment to ensure that the fine is not manifestly excessive and fulfills its deterrent function.
In exceptional cases, deviation from the calculated amount is possible, but it must be thoroughly justified.
What Does This Mean for Your Company?
The new guidelines do not raise the statutory maximum, but they formalize and structure the calculation method. For businesses, this means:
reviewing contract templates,
verifying marketing communications,
reassessing consumer-facing risk areas,
strengthening internal compliance systems.
Now is the right moment to conduct a proactive audit – before the authority initiates proceedings.
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