An e-commerce checklist

Whether your business has recently invested in creating a new or improved e-commerce function, or it has been operating online for some time, it is worth taking stock and assessing whether your e-commerce offering is compliant with the various legal requirements businesses must meet when selling online.

Following the rapid rise of e-commerce, our checklist below highlights some timely and key points to consider:

Information requirements and terms of trading

• Do you display terms of use, to govern how website visitors should use the website?
• Do you take account of information provision obligations, for example to display your company and VAT registration details, and (where relevant) any professional body membership details?
• Do you have suitable terms and conditions in place dealing with key issues such as pricing and payment arrangements, returns and cancellations, and liability limitations?

Information requirements and terms of trading

• Do you display terms of use, to govern how website visitors should use the website?
• Do you take account of information provision obligations, for example to display your company and VAT registration details, and (where relevant) any professional body membership details?
• Do you have suitable terms and conditions in place dealing with key issues such as pricing and payment arrangements, returns and cancellations, and liability limitations?

Direct marketing

• Do you require customers to proactively opt-in to receive marketing communications?
• Do you offer simple options for those who have opted in to receive marketing communications (or those subscribed via the ‘soft opt in’) to unsubscribe?

Selling to consumers

• Do you display terms and conditions on your website which are written in plain English, and cover the requirements of current consumer legislation? For example:
  – Is your returns policy compliant for sales made at distance, including taking account of the 14 day cooling off period?
  – Do you provide a copy of the model cancellation form?

Data protection and privacy

• Do you have a privacy policy in place?
• Does your website include appropriate privacy notices and statements?
• Does your website use cookies and tracking technologies? If so, do you have a standalone cookies policy and statement in place?
• Do you have internal policies and procedures in place in case of a data breach occurring, and to meet your obligations to keep data secure?

If you need some advice on protecting your online business and avoiding costly mistakes, were here to help – get in touch.