We all know that the growth of e-commerce is unstoppable. In Spain, the main sectors in this area are travel agencies and tour operators, with 16% of total turnover. They are followed by air transport, with 8.8%, hospitality, with 5.8%, and fashion, which contributes 5.6% of the total volume.
For this reason, it is necessary that, if you are thinking of creating an online store, you know all the legal requirements that your website must meet. Also, keep in mind that there are criteria in order to standardize all online commerce at the European level.
The Internet has transformed merchants’ relationships with their customers and has created an infinite range of possibilities when it comes to acquiring the product we need. Consumers, that is, customers, compare products, prices and learn much before making their purchase decision.
Having an e-commerce that meets all the legal requirements will build your customers’ trust and make your sales grow. Taking time to improve your website is an investment.
Keep in mind that the laws not only protect consumers, they also protect you. That is why it is very important to comply with all regulations.
Contract terms are the best support a seller has against abusive users.
Law of Services of the Information Society and Electronic Commerce
You can consult the Electronic Commerce Law, but we are going to make a summary of the most important thing that you have to take into account.
This Law regulates basic legal aspects for e-commerce such as contracting, email marketing and Intermediation Services. It affects all people or companies that carry out electronic activities for economic purposes and requires transparency and consent in all processes.
Retail Trade Organization Law for distance sales
This Law regulates the sale of products or the provision of direct services (electronic commerce), intermediation in services, online advertising and obligations for privately owned web pages. But exactly: what does the Retail Trade Law oblige you to do?
The Legal Notice and/or Conditions of Use
General information data that you must include: The general information data that you must include in your online store are the following: name or company name, address, email, any other information to establish direct and effective communication (Contact form, telephone …). If you operate with a commercial company, you must add the corresponding registration data. Do not forget to indicate your Tax Identification Number (NIF).
You must clearly indicate the final price of the product before the transaction ends and this must be expressly accepted by the customer.
Delivery times. If the delivery time of the product is not indicated on the website, delivery must be made within a maximum of 30 days from when the user purchased it.
Right of withdrawal. The buyer will have the right to withdraw from the contract for a period of 14 calendar days without the need to indicate any reason. In addition, the clauses that impose a penalty on the consumer and user for this fact will be void of all rights. A form must be made available to the user to be able to comfortably cancel the order.
Return policy: If the contracted good or service is not available, when the buyer has been expressly informed of such possibility, the owner of the website may provide a good or service with similar characteristics that has the same or higher quality without price increase . The refund policy that you apply has to be clearly defined.
Keep in mind that the owner of the online store is responsible for the damages suffered by the product during transport until it is delivered to the user.
The Data Protection Law
You will have to inform the details related to the company, its activity and commercial conditions.
Your online store will have to store personal data of customers. Keep in mind that all data is important, but some is considered special or sensitive.
The Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights regulates the use of personal data to safeguard the privacy of the user and avoid their misuse.
This Law came into force in December 2018, adapting Spanish regulations to the General European Data Protection Regulation (RGPD), and complementing those national aspects that it leaves in the hands of each of the member states of the European Union.