BDO vs online shop - when does e-commerce need to register?

If you run an online shop, you cannot assume that BDO only applies to manufacturers or large logistics companies. In practice, the obligation very often extends to e-commerce as well, since the BDO register concerns not only waste management, but also entities introducing packaged products and the packaging itself. This is the reason why the topic regularly comes up again and again in searches and in BDO's official material for online shops. The most important answer is therefore yes: not every online shop automatically has to have BDO, but a great many shops should verify this thoroughly, especially if they sell goods under their own brand name, package products for marketing, import goods or packaging or perform other activities indicated in the register.

When does an online shop have to have an entry in BDO

Central to this is the notion of the introducer of packaged products. The official registration rules indicate that this refers to a trader who places packaged products on the market under his own designation, his own name or his own name, as well as an entity that packages products manufactured by another trader and places them on the market. The regulations also clarify that „packaging” is an article intended for the storage, protection, carriage, delivery or presentation of products, and the import and intra-Community acquisition of packaging or packaged products for business purposes are also considered to be placing on the market. From the point of view of an online shop, this means that sales models in which the company operates under its own brand, packages the goods for sale itself or imports products or packaging from abroad require special analysis. This is also confirmed by the official BDO survey, which explicitly identifies the categories: import or production of packaged products, manufacture and import of packaging, and export or intra-Community supply of packaged products.

What BDO obligations an online shop has in practice

For a retailer, mere registration with BDO does not usually end the subject, but only begins it. If the trader is subject to registration as an introducer of packaging or packaging products, he or she may be subject to reporting obligations, and an annual report on products, packaging and the management of waste arising therefrom is submitted to the 15 March for the previous calendar year. It should also be borne in mind that not every entity registered with BDO has identical obligations, as the obligation to file annual reports applies to certain categories of entities indicated in the legislation. In many cases, the online shop should also check whether it is liable for a registration fee and an annual fee. The official website of the BDO explains that this fee is only paid by selected groups of entrepreneurs, including those introducing packaged products into the country, as well as producers, importers and intra-Community purchasers of packaging, and the rate is PLN 200 for a micro-entrepreneur and PLN 800 for others.

When an online shop may not be subject to BDO

This is the most important part from the user's perspective, as many online shops are looking not for confirmation of the obligation, but for a real answer as to whether BDO even exists in their sales model. The mere fact of running e-commerce does not yet mean automatic entry. The obligation is determined by a specific course of action: whether the shop actually introduces packaged products, whether it imports goods or packaging, whether it performs the activities indicated in the register, and sometimes whether it generates waste covered by the register. In practice, this means that two online shops with a similar product range may have a completely different status in BDO if they differ in their delivery model, private label, packaging method or source of goods. This is why it is worth reviewing the obligation before starting to sell or expand e-commerce, as there is an administrative fine for operating without the required entry in the BDO register, from PLN 5,000 to PLN 1,000,000. If you would like to ascertain what this looks like for you, please contact us or go to the „Contact” on the website - we will help you assess your BDO obligation and sort out the paperwork without the risk of a costly error.

Frequently asked questions

If you want to make sure what this looks like in your case, it is worth reviewing the obligation before you start selling or expanding your e-commerce, as a misjudgement could mean costly consequences.

Do you have questions about BDO in your online shop or need help assessing your company's obligations? Contact us The Ekopro Group will help you determine whether registration is necessary, explain your obligations and support you with the formalities. Go to the tab „Contact” and benefit from our support