The Internet knows no borders – legal aspects of selling services and products internationally
24 September 2024 / e-commerce
Back in 2003, a Polish band sang in German that “there are no borders.” They had a point! But here we are in 2024, and your e-commerce opportunities are even broader: you can sell online to more than just three people (or as we might say, Ich Więcej), and far beyond just Germany! 🌍
Now, let’s dive into the key legal aspects of selling services and products abroad. The essential documents to ensure your e-commerce is fully compliant include:
• 📜 online store terms and conditions
• 🔐 privacy policy (GDPR information and cookie obligations)
• ✉️ newsletter terms (if applicable)
• 🔄 return and refund policy
📜 Online Store Terms and Conditions
The most important document to start with when setting up your online store is the terms and conditions. While it can be a bit complex, it’s essential to include the following to make your life easier and ensure legal compliance:
• ⚖️ Applicable Law – you choose the governing law. For a Polish store, it’s easiest and safest to select Polish law. Be sure to state that this choice doesn’t deprive consumers of protections under their local laws.
• 🛒 Available Services – clearly outline what customers can do, like creating accounts, signing up for newsletters and making purchases.
• 💸 Sales Agreement Terms – a key section. Specify operating hours, accepted currencies, payment methods, order processing and taxes.
• 🚚 Delivery Terms – cover shipping costs, available delivery options and order fulfillment times.
• 🔄 Conditions for Making Complaints – define a clear complaint procedure, including customer rights and time limits.
• 🤝 Alternative Dispute Resolution (ADR) – mention available ADR options, even if not mandatory.
• 📝 Model Documents – consider including templates for complaints or contract withdrawals.
🔐 Privacy Policy: GDPR Information Obligations and Cookies
Meeting GDPR requirements, especially regarding personal data and cookies, is crucial. Your privacy policy should clearly explain:
• Who you are and how you process customer data,
• What rights customers have regarding their data,
• What data is collected, why, on what legal basis and for how long,
• Who has access to the data.
Moreover, in a separate document, explain what cookies are, the types you use and their purpose on your website.
✉️ Newsletter and Return/Refund Policies
Don’t overlook these key documents, especially if you’re selling internationally. It’s essential to provide them in English as well. 📄
🚫 Geoblocking
Geoblocking restricts access to certain websites based on a user’s location or residence. However, regulations now prohibit this kind of discrimination in EU commerce. A notable example is streaming platforms like Netflix, where content availability can vary by country. 🌍
📝 Online Consent Practices
Despite EU-wide regulations, different countries follow varying practices when it comes to obtaining consent for personal data processing or sending newsletters.
🚀 Summary
Carefully preparing your e-commerce documentation is the first step toward success. Well-structured documentation helps avoid disputes with customers and fosters a positive company image. If you need consultation, feel free to reach out to us! 📞
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