• UOKIK prepared a presentation on an AI tool created for identification of abusive clauses
• A presentation of UOKiK on Dark Commercial Patterns
• Commencement of talks on tightening cooperation between OECD and ICPEN

At the beginning of November 2022, representatives of UOKiK took part in the 103^rd meeting of OECD Committee on Consumer Policy (CCP) and in the joint meeting with its Working Party on Consumer Product Safety (WPCPS). This year, the delegates from individual Member States could meet again in person in the OECD Headquarters in Paris, the meeting was for the first time organised in a hybrid form. As a consequence of the pandemic, since April 2020 the OECD meetings were held exclusively online.

Upon the invitation of the OECD Secretariat, UOKIK prepared a presentation on the AI tool developed as part of the CPC EC grant. The aim of the tool is to support UOKiK employees holding the proceedings in finding and eliminating unfair contractual terms and conditions (abusive clauses) in two tiers: offline in model clauses being already in possession of the Office as well as online - by dint of using the Internet crawler which browses the Internet in search of contractual model clauses so that in the next step the AI tool is capable of going through those model clauses with a view to find prohibited clauses. The tool keeps on learning which clauses are prohibited and which are “safe” on the basis of the information from a database prepared in advance. The database contains, among other things, decisions of the President of UOKiK and judgements of SOKiK together with justifications where reasons for irregularities for a given clause as well as decisions with the register of unfair contractual terms and conditions made for years are stated. The presentation and the tool itself were much appreciated and attracted a lot of interest both among other delegations and the OECD Secretariat.

Additionally, UOKiK prepared a brief intervention on dark commercial patterns under the Next Steps for Work on Dark Commercial Patterns item. We discussed our experience in approaching dark commercial patterns. Other delegates elaborated on this issue as well and presented up-to-date information on relevant initiatives and research in their countries. Then the OECD CCP Secretariat put forward the proposals for subsequent empirical works on Dark Commercial Patterns referring thereby to the results of the recently-published report. UOKiK was actively involved in the works of the Advisory Group on Dark Commercial Patterns whereunder the aforementioned report had been developed. At the meeting in Paris, UOKiK delegates presented our preferences concerning the direction for empirical testing held as part of OECD.

There are numerous advantages of establishing and developing international cooperation that can be derived from in-person meetings. By dint of the personal presence at the meeting held in Paris, the delegates from UOKiK enjoyed their opportunity to discuss, with the OECD CCP Chair and the Head of the Consumer Policy Unit, the continuation of the involvement of UOKiK in the works and activities of OECD as well as tightening and supporting cooperation by and between OECD and ICPEN (Internal Consumer Protection and Enforcement Network).

As part of the talks held with the Permanent Representation of Poland to OECD, there was also the opportunity to raise the issue of involving our Ukrainian counterparts in the works of OECD, that is, in particular, in the works of the Committee on Consumer Policy at OECD.