The internet has no borders – or the legal issues of selling services and products abroad

Back in 2003, a Polish band sang in German that there are no borders. A lot is right about that, whereas fortunately we are in the year 2024 and your e-commerce opportunities go one step further: you can sell online to more than 3 people (you could say:Their More) and not just in Germany! 🌍

Moving smoothly on to the legal issues you need to pay attention to when selling your services and products abroad, let’s look first and foremost at the documentation necessary for the correct and legal operation of your e-commerce, which consists of ..:

• 📜 the terms and conditions of the online shop

• 🔐 privacy policy (information obligations under RODO and cookies)

• ✉️ newsletter regulations (if foreseen)

• 🔄 returns and complaints regulations

📜 shop regulations

Of the above-mentioned documents, the most relevant, and the one we recommend starting with in order to complete the relevant documentation, is the webshop regulations.

This is a rather complex issue, but in order to make your life easier in the future and to comply with legal requirements, it is advisable to define, amongother things, ..:

• ⚖️ applicable law– It is up to you which applicable law you choose. Obviously, in the case of a Polish shop, it will be the easiest and safest to choose Polish law. Add also that the choice of this law does not deprive the consumer of the protection granted under the laws of the customer’s country of origin.

• 🛒 the range of electronic services available– This is about what the customer can actually do in your shop. Usually issuessuch as user account, newsletter, conclusion of sales contracts etc. are mentioned.

• 💸 terms and conditions of the sales contract– A very important part of the terms and conditions. It is worth indicating here the times of purchase, currencies, methods of payment and fulfilment of the order, or the issue of taxes.

• 🚚 delivery termsand conditions– Specify issues such as shipping costs, available delivery methods, delivery times.

• 🔄 terms of complaints– It is useful to have a procedure in case of complaints. Specify what the customer’s entitlements are and within what timeframe.

• 🤝 conditions for out-of-court complaint handling (ADR)– Indicate the possibilities for out-of-court complaint handling, even if it is not mandatory.

• 📝 s ample documents– It is useful to include sample forms, e.g. complaint and withdrawal.

🔐 Privacy policy, i.e. information obligations under RODO and cookies

Meeting the personal data obligations imposed by the RODO is another important topic. It is mainly about information obligations towards the customer and information regarding cookies.

In your privacy policy, explain, amongother things..:

• Who you are and how you process customers’ personal data,

• What rights the customer has in this respect,

• What data is collected, for what purpose, on what legal basis and for how long it is processed,

• Who has access to them.

In addition, specify in a separate document what cookies are, what types of cookies there are and for what purposes they are used by your e-commerce.

✉️ Newsletter and returns and complaints regulations

Remember that these terms and conditions are also important parts of your documentation, especially if you sell abroad. You will need to make them available in English. 📄

🚫 Geoblocking

Geoblocking (geo-blocking) is the restriction of users’ access to a specific site based on their country of residence or stay. However, legislation has been introduced to prohibit such discrimination in trade within the EU.

An interesting example of geoblocking is access to streaming platforms, such as Netflix, where the offer can vary from country to country. 🌍

📝 Internet consent practices

It is worth bearing in mind that despite pan-European regulations, different countries have different practices regarding consents for processing personal data or sending newsletters.

🚀 Summary

Careful preparation of e-commerce documentation is the first step towards success. Well-prepared documentation will avoid disputes with customers and build a positive image of the company.

If you need a consultation– contact us 📞