Do you know what the most important legal requirements of an online store are? It is a growing sector, online sales, many traditional businesses decided to launch their products for sale over the Internet and many times they were unaware of the legal aspects that they had to keep in mind. It is true that when we talk about a digital medium such as an Ecommerce, it is necessary to know the technical requirements that it may imply, but we should not launch an online store without making sure that we comply with the legislation of Spain or the country where the sale of our products is focused. products.
In the XXI century, electronic commerce is one of the most active andgrowing sectors in Spainand globally. After the COVID19 pandemic that broke out in 2020, the consumption habits of many consumers completely changed. Even those who refused to start shopping in online stores ended up giving in to the impossibility of doing it physically. This, without a doubt, has contributed to the rise of online sales and the proliferation of Ecommerce, more and more entrepreneurs and SMEs have chosen to incorporate the online store as another channel that provides sales for their products.
If you are also interested in opening an ecommerce, it is interesting to know what thesteps are to create an online store and what legal requirements your page should meet. There are numerous legal aspects to consider, many of them related to taxation and legality or to the conditions of the purchase that the users of your site must easily visualize. Also, keep in mind that many of these legal requirements of an online store are not exactly static, in Europe we constantly change the legislation in this area, with laws that usually arrive very late with respect to the appearance of new technologies or techniques for online sales, Therefore, it is necessary to periodically ensure that we comply with the legal framework that gives us support to avoid complications with the clients themselves or regulatory institutions of this type of store.
LEGAL REQUIREMENTS FOR ONLINE STORES
These are the 10basic legal requirementsto be able to start the activity as an online store in Spain. Whether you have already had a page for online sales for years or if you are thinking of opening a new one, we are going to detail all the sections that you must add with legal texts and conditions of sale. Take note of all the requirements to create an online store so that Internet sales do not become a nightmare for your business. Check point by point if your current store complies with these important legal aspects.
EXERCISE
Before evaluating the legal requirements to create an online store in Spain, you must evaluate what the business activity is. Keep in mind that selling a certain product over the Internet is not an activity in itself. The Internet is simply the medium you use to carry out the activity. Therefore, you must define what you are going to sell.
LEGAL FORM
The next step is to choose the legal form by which you are going to carry out the activity: self-employed, limited company, cooperative, etc. It is important that you value the characteristics and requirements of each of the existing forms.
REGISTRATION IN THE TREASURY AND SOCIAL SECURITY
Once the previous sections are clear, you have to register with both the Treasury and the Social Security, specifying the corresponding heading of the Economic Activities Tax. If you are also going to sell outside of Spain in the online store, you must also register in the Registry of Intra-Community Operators.
GENERAL LAW FOR THE DEFENSE OF CONSUMERS AND USERS
This is one of the most important online store requirements. As a seller, this regulation tells you what is considered an online sale, as well as a distance contract. In addition, it indicates what are the legal deadlines to carry out the orders and delivery. Of course, it also refers to the buyers’ right of withdrawal.
PRICING POLICY
Today there is no regulation about prices in e-commerce, so it would not be a legal requirement as such for your online store. Even so, about how much it costs to set up an online store, you should know that in no case can you sell the products below the cost of the merchandise. This is a practice called dumping, and it is illegal.
DATA PROTECTION ACT
Taking into account that the online store is supported by the digital environment, theRGPD or General Data Protection Regulation, which has been recently updated, is of vital importance for any company that wants to have an Internet presence.
It is also important in this section to comply with the cookie regulations, small files that are stored by the user’s browser, so that you can follow their movements on the Internet. Thus, you have the obligation to notify users who visit your website of the use of cookies.
The financial penalties for failing to comply with these regulations can reach very large figures.
ELECTRONIC COMMERCE LAW
Another of the online store requirements that you should know is the law of electronic commerce. You must have the well-known “Avio legal” on your website, in which you offer valuable information related to e-commerce to users: company name, registered office and NIF.
RETAIL TRADE LAW
It is mandatory that in the online store you include information related to the products for sale, as well as the purchase process: characteristics of the items, shipping costs, available payment methods, delivery time and return policy.
EMAIL MARKETING
One of the most used marketing tools today is known asemail marketing. If you want to send newsletters on a regular basis to the users of your website, it is important that they give their consent to do so.
The unsubscribe link must be visible at all times and, if you perceive a security breach, you have the obligation to notify both users and the Spanish Data Protection Agency within 72 hours.
TAXES
About taxes online store Spain, the personal income tax is mandatory, both as a natural person and as a legal entity. In addition, as long as you meet a series of requirements, the equivalence surcharge is the best alternative in relation to the tax regime. If you have opted for this equivalence surcharge, when you sell the products in the online store you must add the corresponding VAT.
These are thelegal requirements to create an online store. The most important legal aspects that you should know if you are interested in creating an Internet sales platform. About the approximate time it takes to create an Internet store, it ranges between two and three months. Of course, there are more complex projects that require more time. Still, you have to differentiate between the time it takes to launch the website and the time it takes to sell. The latter is a process that depends on a large number of variables.
In conclusion, it should be noted that launching a project of this type requires extensiveplanningand an appropriate strategy. In this way, the chances of success are greater. We recommend that you consult an advisor or lawyer specialized in online sales and technology so that you can verify that all the legal texts on your site meet the necessary requirements. There are numerous online tools that help to generate this type of texts and sections, but we should always make sure of an expert, especially if it is an Internet sales platform that already has frequent visits and sales.
