How to legally operate e-commerce?

Setting up your own business in the industry e-commerce is not as simple a matter as it might seem at first glance. Once you have got through setting up an e-shop and creating a website that is attractive to customers, the question is: what about the law? How do we make our business comply with the law?

The e-commerce industry is constantly growing. This is all thanks to the Internet, which makes it possible to reach a larger customer base. For the recipients, in turn, it offers favourable prices and very convenient sales conditions (buying gifts without the pre-Christmas frenzy in stationary shops? Sounds wonderful!).

However, it should be borne in mind that any online shop operates under similar rules to its stationary counterparts. Here, too, certain laws and norms regulate the operation of e-shops. So what do you need to know in order to run an e-business legally?

Laws applicable to e-entrepreneurs

The basis for conducting legal e-commerce activities is provided by laws, the main purpose of which is to inform the customer of his or her rights when entering into a contract. The most important legal regulations that apply to those running an e-business are:

• Civil Code,
• Data Protection Act,
• Act on the provision of electronic services,
• Act on the protection of certain consumer rights.

Each of these regulations is equally important, and failure to comply with them involves breaking applicable laws, thereby removing the e-business in question from the list of legitimate online businesses. To avoid this, it is important to introduce certain regulations into your shop.

The most important of these is the creation of rules and regulations that will apply to the online shop. It should take into account all the rights that the consumer has when purchasing the goods (such as the right to returns or complaints). In addition, there must be a reference to data protection legislation (RODO).

Every e-business should comply with clauses and consents that are required by law. These include, but are not limited to, the RODO notice, information about maintaining a privacy policy, or consent to a newsletter (if one is sent). Another important element will be the creation and inclusion of a cookie policy notice on the website.

Design of the purchasing process

The term 'purchasing process' refers to the operation in which the customer places an order in a shop. In this step, the most important role is to keep the customer informed about the action taken. Above all, they need to know how much they are paying and for what. The same applies to the mode of delivery: the cost, the method of payment and the delivery time should be clearly indicated.

At each step of the ordering process, the buyer must be able to view the applicable terms and conditions on the website. Before purchasing, he or she should confirm that he or she has read all the provisions contained therein. This is a necessary condition, without which the order cannot proceed. The terms and conditions should indicate, among other things, the possibility of making a complaint or withdrawing from the contract. As a final step, the customer should be informed of the need to pay for the order.

Each order must be supported by a document

Similar to stationary shops - which are obliged to issue customers with a receipt or invoice - in e-business it is mandatory to issue a document confirming the conclusion of the contract (purchase) between the customer and the online shop. This is usually printed and attached to the packaged parcel. It can also be sent via email, in the form of an e-document.

The document confirming the purchase should contain the following information:

• personal data of the client,
• personal data of the seller,
• information on the products purchased and their price,
• information on the method and price of delivery and the method of payment,
• information on the complaints handling system,
• instruction on the possibility of withdrawing from the contract.

When does a fiscal cash register become compulsory?

Although every order should be supported by a document, not all e-commerce businesses are obliged to have a cash register. There are a number of provisions in the regulations that allow entrepreneurs to operate an online business without the need for receipts.

This involves running an e-business, where the services include sales to persons other than non-business and private individuals. In addition, such activity must be by mail order only and the company's annual turnover must not exceed PLN 20,000.

A fiscal cash register therefore becomes compulsory when the customer is given the option to collect the ordered items in person, can pay for the purchased goods in cash and if the product range sold includes products that require recording with a fiscal cash register.

Therefore, it is worth bearing in mind all the regulations related to the legal operation of an online business. In this way, not only do we not expose ourselves to the law, but we also build the company's reputation and trust among customers, which will bring huge profits in the future.