The paper deals with the problem whether the consumer law should be regulated in the Polish prospective civil code and how. Although it is very hard to estimate now if and when the code may be prepared, the author tries to indicate some basic points that have to be taken into account while drafting the consumer provisions in an eventual code. She points out that before we start the discussion on details, first we have to settle some fundamental issues like: whom we want to protect and what values we want to preserve. Moreover we have to take into account the achievements of the new technologies, like augmented reality, Internet of Things, or CRM . The author is rather critical on the existing legal definition of consumer, shows its shortcomings and suggests the wider discussion on replacing the notion of the consumer by a general notion of a weaker party.