1. Legal Requirements for E-Commerce
a. Business Identification and Registration
Business owner identification: Any company operating in e-commerce must clearly identify who is responsible for the website. This includes displaying the company name, address, tax identification number (NIF/CIF), and other contact details in an accessible section (usually in the “Legal Information” or “Legal Notice”).
Registration and licenses: Depending on the business activity, it may be necessary to register with certain authorities or obtain specific licenses (e.g., for selling regulated products).
b. Pre-Contractual Information and Sales Conditions
General and specific conditions: The website must publish the general terms and conditions of contracting, including the rights and obligations of both the company and consumers.
Transparency in information: The website must clearly inform customers about prices, product or service features, shipping costs, applicable taxes, and the purchasing process.
c. Electronic Contracting
Contract formalization: The contracting process must comply with current regulations to ensure the validity of electronically executed agreements. Transaction records and order confirmations should be kept.
Communication and confirmation: It is essential to send customers proof of the transaction (e.g., a confirmation email) containing all relevant purchase details.
2. Data Protection and Privacy
a. Compliance with GDPR and LOPDGDD
Informed consent: E-commerce sites must obtain explicit user consent for the collection and processing of personal data. Users must be informed in detail about how their data will be used.
User rights: Consumers have the right to access, rectify, and delete their personal data, as well as to object to its processing.
Activity log and security measures: Businesses must keep a record of data processing activities and implement appropriate security measures to protect personal data.
b. Cookie Policy and Tracking
Information and consent: Visitors must be informed about the use of cookies and other tracking technologies and be given the option to grant or deny consent.
Cookie management: Providing tools that allow users to manage their cookie preferences easily and transparently is recommended.
3. Consumer Regulations
a. Consumer Rights
Right to information: Consumers must receive clear and truthful details about the product or service, including its characteristics and the total price, with all additional costs included.
Right of withdrawal: In most cases, buyers have a period (usually 14 calendar days) to withdraw from the purchase without providing any justification.
Warranties and returns: Regulations require offering minimum conformity warranties and, in some cases, facilitating return or repair processes for defective products.
b. Advertising and Commercial Practices
Truthful advertising: Any online advertising must be honest, avoiding misleading or aggressive practices.
Protection against abusive clauses: Terms and conditions must be reviewed to ensure that they do not contain unfair clauses that harm consumers.
4. Tips for Digital Entrepreneurs
a. Professional Advice
Specialized legal consulting: Having a consultant or lawyer specialized in e-commerce can help prevent legal breaches and ensure compliance with current regulations.
Continuous training: Since e-commerce regulations are constantly evolving, staying updated through courses, seminars, or official sources is crucial.
b. Updating and Transparency
Periodic policy reviews: Regularly updating the legal notice, privacy policy, and terms of service to reflect legislative changes or business modifications.
Transparency with users: Ensuring that all relevant information is easily accessible and written in a clear and understandable language for the average consumer.
c. Implementation of Technological Tools
Consent management systems: Using technological solutions to automate the management of cookie consent and data processing in compliance with legal requirements.
Secure platforms: Ensuring that the e-commerce platform complies with security regulations, including data encryption and secure payment protocols.
