Starting with an E-commerce is very attractive due to the advantages offered by being able to run your own business. To carry it out, you must have the necessary knowledge regarding the legal aspects of electronic commerce, in order to offer an excellent and high-quality service.
It is necessary to master tools of sales techniques, negotiation, customer service, accounting, leadership, Digital Marketing.
In Spain, there is an aspect that we must bear in mind before activating our E-commerce, and it corresponds to all the legal requirements and requirements for this type of business model.
Tax Requirements: Activity, Legal Form, Registration in the Treasury and Social Security
The first thing will be to define the activity of the business, which will be sold, and then choose its legal form, that is, if it will be autonomous, cooperative, unlimited society, among others.
And then you must proceed to register with the Treasury, as well as with Social Security, specifying the corresponding heading of the Tax on Economic Activities.
In the event that sales include the international sector, you must also include a Register of Intra-Community Operators.
General legal requirements for the creation of an Online Store
Issuance of VAT invoices, identification of basic business data, as well as being able to offer systems for inquiries and claims.
To set up an E-commerce it is required comply with regulations for the Protection of Personal Data potential customers, various obligations regarding distance sales, cookie policies, consumer protection specifications and compliance with certain obligations of those who offer services on the Internet.
General Law for the Defense of Consumers and Users
Defense to consumers covers the following aspects:
- It will be mandatory clearly and precisely establish the final price of a product or service before completing the transaction, which must be duly accepted by the buyer.
- Indicate the legal deadlines for deliveries, as well as for returns, which must be a maximum of 14 days.
- Protect the right to waive the purchase by the consumer, for which a form must be made available to the user where they can cancel their order.
- It establishes the responsibility on the owner of the E-commerce, before any damage that the product may suffer during the shipment to the buyer.
As such there is no regulation on the prices managed in E-commerce. However, no product can be sold at a price lower than the cost of the merchandise. The practice of dumping is illegal.
Electronic Commerce Law
You should know that there are legal regulations regarding the management of electronic commerce. Therefore, it will be necessary to include the corresponding Legal warning, where the information related to E-commerce is displayed, such as the name of the company, its registered office and NIF.
Data Protection Act
We know that for everything E-commerce will be of great value have a Database
However, there are regulations for the use of users’ Personal Data, with the intention of safeguard privacy and avoid misuse of this data, such as the illegal sale of these Databases, and the use of Personal Data without the authorization of the owners.
The following must be respected:
- Potential customers must authorize or request the sending of Emails with advertising, in order to respect the right they have to decide whether to accept it or not.
- The Web must have access to a page that specifies its Privacy Policies.
- The message must include a link where it allows the user to cancel the subscription immediately.
Failure to comply with these regulations implies economic sanctions with quite high figures.
GDPR in sending Emails
A legal element with which you must be very careful if you do Email Marketing with your E-commerce, is he General Data Protection Regulation, also know as RGPD. Said regulation is a complete and simplified regulation of other related laws, which aims to protect Personal Data of every citizen belonging to the European Union.
The RGPD gives citizens control and rights over their Personal Data. This forces every company to request the consent of its customers or subscribers to process their data, detailing and specifying the use that will be given to them.
Failure to comply with this regulation, brings serious consequences, such as high fines or sanctions against the company that does not follow its parameters.
With Doppler you may adapt your campaigns to the RGPD to comply with the law and with the rights of your Subscribers.
Retail Trade Law
It is mandatory to include all the information about the products for sale, and everything related to the purchase process:
- All the characteristics of the articles
- Shipping costs, if they will be paid by the E-commerce or the client
- Payment Methods
- Delivery term
- Return Policy.
It is a law that regulates distance sales. It also sets the deadlines for making transactions and payments, as well as the right to cancel the transaction, in addition, they regulate card payments.
You must take into account the following details:
- Delivery times, It must be done within a maximum of 30 days from the time the user made the purchase, this in case in his web portal does not specify the delivery time of the product.
- Right of withdrawal, the consumer has the right to reject the purchase without any justification within 14 calendar days of the request. Without causing penalty to the client for this cause.
- Card payments, the cardholder will be protected against any fraud attempt, being able to demand the cancellation of the charge immediately.
- Substitutions, for cases in which the requested product or contracted service is exhausted, when the buyer has been duly informed, the E-commerce may supply a product or service with the same characteristics or with superior quality without increasing the price.
You should know that there are a series of taxes that must be paid for E-commerce in Spain.
Personal income tax is mandatory. On the other hand, you must add the corresponding VAT, which in Spain applies the general rate, which is 21%, and must be adapted according to the country requesting the service. That is why it is important to find out and be aware of the multiple VAT rates in SpainIn this way, it will be possible to know how to proceed before paying them.
Finally, a general civil liability policy must be contracted, which will provide protection to the company from any claim by third parties, for any damage or injury originating from the business. Keep a company insurance just like a freelance can help during uncertainty.
Knowing all the legal details to be able to create an E-commerce, the path to success will become even closer and easier. Do not forget! You should always be on the side of the law, thus avoiding major long-term problems.