How to Present Black Friday Prices: Practical Omnibus Examples

Since 1 January 2023, every business that communicates a price reduction must state the lowest price of the product or service during the 30 days before the promotion began. This applies to physical stores, online stores, advertising and every other communication channel. Below are the rules, examples and exceptions described in this guide, so you can understand how to avoid an allegation of an unfair market practice.

Why was the Omnibus Directive introduced?

Price reductions are a standard part of sales strategy. A problem arises when a promotion is only apparent, for example, when a price is artificially increased before a discount or additional fees are hidden.

The Omnibus Directive, implemented in Poland from 1 January 2023, addresses these practices. Its purpose is to set clear rules for communicating prices, eliminate manipulation and give consumers reliable information about the actual reduction.

What are the rules for presenting price reductions?

As amended, Article 4 of the Act of 9 May 2014 on Informing About the Prices of Goods and Services requires you to present prices at the point of sale in a manner that is clear, unambiguous and makes price comparisons possible.

The main rule is that with every price reduction notice, you must show next to the promotional price the lowest price of that product or service during the 30 days before the reduction was introduced.

Rules you must follow

1. Present prices clearly and readably. A store sign or website should not show more than two or three prices. The more pricing information there is, the greater the risk of misleading the consumer.
2. Identify the reference period. Label the lowest price with wording such as “lowest price in the 30 days before the reduction.” Promotional messages must appear immediately next to that price.
3. Make the information available before purchase. The lowest price from the 30-day period must be visible on the product label, online product page or store sign before the customer decides to buy. It must not be hidden or difficult to access.
4. Adapt to local rules. If you operate in different European markets, check the rules in each country because implementation details may differ.

Who must state the lowest price?

The duty applies to every business that communicates a price reduction, regardless of the sales channel, including a physical store, e-commerce or a marketplace.

Online intermediaries are not exempt, including price comparison websites and trading platforms. Exception: a platform does not provide technical solutions that make it possible to present price reductions.

Which communication channels are covered?

The duty covers all messages, written and spoken. In practice, this includes:

• the product page in an online store,
• a store sign or price tag in a physical shop,
• advertising on television, radio, Facebook, Instagram and every other channel.

If you sell through several channels at once, a price-reduction notice in a given channel must refer to the lowest price from the preceding 30 days in that same channel. The notice should say this expressly.

Important: According to guidance from the President of the Polish Office of Competition and Consumer Protection (UOKiK), stating the lowest price from the 30-day period only on the shelf or only in an advertisement, without including it on the product page, breaches the information duty.

When does the duty to state the lowest price arise?

The duty arises whenever you communicate a price reduction. If you lower a price but do not present it as a reduction, the duty does not arise.

Messages UOKiK treats as information about a reduction

1. Words associated with a promotion, such as “promotion,” “cheaper,” “sale,” “bargain” or “Black Friday.” UOKiK assesses the full context of the offer.
2. A percent sign with a specific number and a minus sign, the most common way to communicate a promotion. Note: if you use a percent sign without reference to a specific product, the duty to state the lowest price does not arise, but the offer must identify which products are reduced. If only part of the range is on sale while the advertisement suggests a broader reduction, you risk an allegation of misleading consumers.
3. A crossed-out price, for example PLN 200, PLN 199. Note: crossing out a price that never applied may be considered an unfair market practice.
4. Colors suggesting a reduction, such as red, yellow or orange. Note: using the same color for regular and promotional prices may give consumers a false impression of a promotion and create a risk of a misleading-practice allegation.
5. Showing a higher price next to a lower one: displaying an earlier price beside the current price may suggest a reduction. Price comparisons are permitted but must follow the rules below.
6. Discount codes for specific products or product groups and loyalty-program discounts: treat codes displayed publicly on a website as information about a reduction. Exception: codes not available to everyone, such as a birthday code emailed to a customer or a promotion only for loyalty-program members, do not trigger this duty.

Note: The duty does not cover discount codes that do not refer to a specific good or service, such as a “10% off the entire order” code used in a cart.

Messages that do not require the lowest price from the last 30 days

1. General marketing statements, such as “best prices,” “lowest prices,” “price hit,” “good price” or “attractive price.” Conditions:
   • the statement must relate to a real price advantage, such as a competitive market price,
   • it must not be used to circumvent the rules,
   • the price must be clear and readable, without catches in fine print,
   • Note: claiming “the lowest price” when that is not true is a misleading practice.
2. Comparing prices of different product or service variants: showing two prices based on independent reference points, for example a hotel’s recommended price. If the message does not suggest a reduction, the duty does not arise.
3. Discount codes that do not refer to a specific product, such as an individual birthday offer or a fixed PLN 100 discount on a future booking.

Exceptions: when you do not have to state the lowest price from the last 30 days

1. Perishable goods or goods with a short shelf life: products with a use-by period of up to 14 days after opening, such as fresh vegetables and fruit, or goods requiring special storage conditions, such as cut flowers. You do not state the lowest price from the 30-day period.
2. Goods or services offered for less than 30 days: state the lowest price from the day the product was first offered for sale.
3. Defective or near-expiry goods: they are not subject to the duty, but you must clearly inform customers about product defects.
4. The last units of full-value goods, such as outlet stock or the end of a collection: the duty does not arise.
5. Progressive promotions, where the discount deepens, for example from 20% off to 50% off. Calculate each further reduction against the lowest price in the 30 days before the first reduction and state that price.
6. Bundled or conditional sales, such as “buy two products, get the third free.” You do not have to state the lowest price from the 30-day period.

What to do now: a short checklist

The rules described in this article have applied in Poland for more than three years. If you sell goods and use price reductions, check:

• Do you state the lowest price from the 30 days before the reduction in every sales channel?
• Are promotional messages, including advertising, social media and your website, consistent with the information on the product page?
• Do your discount codes and loyalty programs meet the information requirements?
• Does your marketing team understand the line between a permitted marketing statement and a message about a price reduction?

If you need to assess a specific case in your store or e-commerce business, contact us. We will continue discussing the Omnibus Directive in future articles.

Frequently asked questions

Exactly when must I show the lowest price from the last 30 days for a promotion? The duty arises whenever you communicate a price reduction, regardless of the form of the message, such as the word “promotion,” a crossed-out price, a percent sign or a discount code for a specific product. If you lower a price without presenting it as a reduction, the duty does not arise. The lowest price in the 30 days before the reduction began must be visible on the label, product page or store sign before the customer decides to buy.

Does the Omnibus duty apply only to online stores, or also to advertising, social media and marketplaces? It covers all communication channels, including physical stores, e-commerce, marketplaces, television and radio advertising, Facebook, Instagram and every other medium, in both written and spoken form. UOKiK treats stating the lowest price from the 30-day period only on the shelf or only in an advertisement, without putting it on the product page, as a breach of the information duty. If you sell through several channels at once, the notice in each channel must refer to the lowest price from the 30 days in that same channel.

Which messages does UOKiK treat as information about a price reduction? UOKiK treats words associated with a promotion, such as “promotion,” “cheaper,” “sale,” “bargain” or “Black Friday”; a percent sign with a specific number and minus sign; a crossed-out price; colors suggesting a reduction, such as red, yellow or orange; showing a higher price next to a lower one; and publicly displayed discount codes for specific products as information about a reduction. Each of these messages triggers the duty to state the lowest price from the 30 days before the reduction.

What are the exceptions when the lowest price from the last 30 days does not have to be shown? The duty does not apply to perishable goods or goods with a short shelf life, goods that are defective or near expiry if their defects are disclosed, the last units of full-value goods such as outlet stock or the end of a collection, and bundled or conditional sales such as “buy two, get the third free.” For goods offered for less than 30 days, state the lowest price since the product was first offered for sale. This is an adjusted reference period, not a complete exemption.

How should the lowest price be calculated during a progressive promotion when the discount deepens in stages? For a progressive promotion, such as moving from 20% off to 50% off, calculate each further reduction against the lowest price in the 30 days before the first reduction and state that price. The reference point therefore remains the price before the entire promotional cycle, not the price at the previous discount stage.