As the owner of an online shop, you have to make sure that your business and its products or services are legal and that your website meets all legal requirements. Legal certainty isn’t just obtained by choosing and implementing the correct legal status. Your website must also meet important conditions, especially when it comes to legal information such as disclaimers and data protection.
What are these?
Specific information about the organisation and its goods and services must be provided on the website, under the E-Commerce Regulations 2002 and, if selling to consumers, the Consumer Contracts (Information, Cancellation and Additional Payments) Regulation 2013.
- Name, address and contact details
- Company and VAT registration details
- Details of membership of any professional body and any trade registration details
- Product and service information, including price and delivery details
Trading terms and conditions
All sites should include terms and conditions tailored to the goods and services being sold. Issues typically covered include:
- Pricing and payment arrangements
- Delivery obligations
- Returns and cancellation procedures
- Liability limitations
- Remedies for product defect or service failure
If an organisation sells to consumers (rather than businesses) online, the terms will also need to comply with the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, the Consumer Rights Act 2015 and various other consumer-related rules.
- What personal data is being collected
- What it is being used for, including any intended disclosure to third parties
- How a person can access data held about them
- Who to contact in the case of complaints
If data is intended to be used for direct marketing purposes, an appropriate form of consent should be included. For example, a “box” that users are asked to click to show their agreement to receiving marketing.
Cookies should only be used where the user has provided freely given specific and informed consent. Many websites use an information banner that includes a short statement about cookie use, a request for consent and a link to the cookies policy.
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