Examples of AI applications in the consumer market and their associated potential benefits and risks_
| Example of AI application in the consumer market | Benefits | Risks |
| Personalization of offers and advertising | Analyzing data on potential consumer preferences and behaviors (e.g. their purchase history or records of previously viewed products) to recommend goods or services best suited to individual needs. | Concerns regarding consumer privacy (with respect to completed or planned purchases) and the unauthorized use of personal data. One corporate study found that in Poland, “61% of individuals using digital services such as online store applications fear that the information they provide may contribute to identity theft” (EY, 2024) |
| Customer service chatbots | Enabling consumers to access support or obtain responses to their inquiries at any time, eliminating the need to wait for a human agent to become available. | Consumers are not always able to obtain accurate information from chatbots – Poland’s Office of Competition and Consumer Protection (UOKiK), for instance, has received complaints regarding the improper functioning of such systems. |
| Dynamic pricing and personalized price offers | Increasing market efficiency and the ability to adjust prices to market conditions. | Consumers may pay more for a product or service because the algorithm overestimates the consumer’s ability to pay. Online price differentiation may be perceived as unfair, especially if other customers can pay less for the same product. |
| Automated financial decision-making | Accelerating decision-making in finance, such as creditworthiness assessment, loan approval, or insurance issuance. | Algorithms may rely on biased data that discriminates against certain consumer groups, often lacking transparency in the decision-making process – for example, in cases of allegedly unjustified denial of credit or loans. |
| Analysis of online opinions and reviews | Enabling entities that use AI-supported monitoring of online opinions and reviews of their services or products to respond quickly to any negative feedback. | AI bots may be used to automatically delete negative comments or generate fake positive reviews, thereby misleading consumers. |
Comparison of the scope of responsibilities of Polish institutions overseeing the consumer market_
| Compared feature | Polish Office of Competition and Consumer Protection (UOKiK) | Polish Personal Data Protection Office (UODO) |
| National legal act regulating the scope of an entity’s responsibility | Polish Act of 16 February 2007 on Competition and Consumer Protection | Polish Act of 10 May 2018 on the Protection of Personal Data |
| Scope of responsibility of the president of the institution | The President of the Office of Competition and Consumer Protection (UOKiK) is the central government administration authority competent in matters of competition and consumer protection (Article 29 (1)).
| The President of the Personal Data Protection Office (UODO) is the competent authority for personal data protection and the supervisory authority within the meaning of the GDPR (Article 34 (1) and (2)). |
| Scope of responsibility of entities supporting the president of the institution | The President of the Office of Competition and Consumer Protection (UOKiK) performs duties with the assistance of the Office of Competition and Consumer Protection (Article 29 (6)). The Office consists of the Central Office in Warsaw, regional branches, and laboratories supervised by the President of the Office (Article 33). | The President of the Personal Data Protection Office (UODO) performs their duties with the assistance of the Personal Data Protection Office (Article 45 (1)).
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Selected examples of legal acts protecting consumers from the negative consequences of algorithmic decision-making_
| Legal act | Examples of legal acts protecting consumers from the negative consequences of algorithmic decision-making |
| Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) | Article 22(1) “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.” – |
| Directive (EU) 2019/2161 of the European Parliament and of the Council (Omnibus) | (45) “Consumers should (…) be clearly informed when the price presented to them is personalized on the basis of automated decision-making, so that they can take into account the potential risks in their purchase decision. Consequently, a specific information requirement should be added to Directive 2011/83/EU to inform the consumer when the price is personalized, on the basis of automated decision-making.” – |
| Polish Act of 23 August 2007 on Counteracting Unfair Market Practices | Art. 6 (4) and (7) “In the case of an invitation to purchase a product, the following shall be regarded as material information (…) in particular: (…) information on whether and how the trader ensures that the published reviews originate from consumers who have actually used or purchased the product – in the case of a trader who provides access to consumer reviews of products.” – |
| Polish Act of 30 May 2014 on Consumer Rights | Article 12 (1) “No later than the time the consumer expresses their intention to be bound by a distance or off-premises contract, the trader shall be obliged to clearly and comprehensibly inform the consumer of: (…) the total price or remuneration for the service, including taxes, (…) any individualized pricing based on automated decision-making, where such pricing is applied by the trader; (…) the existence and content of any guarantees and after-sales services, and the manner in which they can be exercised.” – |
| Polish Civil Code | Article 449 (1) “Anyone who, in the course of their business activity, manufactures a defective product (the producer) is liable for damage caused to anyone by that product.” – |