We briefly explain the legal and commercial peculiarities of Electronic Commerce
There is no doubt that e-commerce continues to experience exponential growth and that its practices are evolving rapidly. This contrasts sharply with the slow response of our legal system to this phenomenon. Furthermore, the existing regulations are highly fragmented and, in many cases, ignored.
The internet is full of websites that do not comply with the legal requirements for electronic contracting. In this article, we would like to briefly introduce you to the main regulations governing this matter so that you can start your online business on a solid foundation.
Where is e-commerce regulated?
Apart from the general rules that apply to any contract, e-commerce is subject to certain specific regulations. The most relevant is Law 34/2002, on Information Society Services and Electronic Commerce (LSSI), but specific regulations from the Retail Trade Act, the Consumer and User Protection Act, the Electronic Signature Act, and data protection regulations will also apply.
What are its main features?
– Prior Information: there is a need to inform, prior to the execution of the contract, a series of data concerning the act of contracting itself, such as the identity of the business, the fundamental data of the good or service or of the contractual operation.
Furthermore, the general terms and conditions of the contract must be made available to the user . It is also necessary to use an advanced electronic signature that gives the data entered electronically the same legal validity as a handwritten signature.
– The consent given by the user to contract must be express
– Existence of the right to withdraw from the contract within seven days of receiving the product without needing to allege any reason.
– The processing of personal data electronically: this implies being very attentive to respecting the rights of the data subjects, both in its collection, as well as in its management, transfer or cancellation.
– Obligations after the conclusion of the contract: the business must confirm receipt of the acceptance made by the recipient of the services.
– Registration of the entrepreneur in the Distance Selling Register
All these considerations, which we have outlined in a very general way, have very practical consequences, for example, when designing the purchasing process that will appear on a website, or when planning any other type of electronic contracting. It should be noted that failure to comply with these obligations may result in penalties, which in certain cases can be very significant.
At Àmbit, we can advise you if you are interested in entering the world of e-commerce or want to review your electronic contracting processes. Don't hesitate to contact us.
Do you have any questions about this topic?
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A graduate in Law and with a Master's degree in Tax and Financial Management from the University of Barcelona, he also holds a Postgraduate Diploma in New Technologies Law from ESADE. He specializes in tax and corporate law.
Before joining Àmbit Assessor as manager in 1999, he worked as head of the Tax and Accounting department at the Busquets Terradellas law firm.
For years, he combined his work with teaching, serving as a professor of Public Finance and Tax Law at the Open University of Catalonia.
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