Legal Tips for eCommerce
February 27, 2025
Anyone offering products or services online must comply with legal regulations. These rules are designed to protect consumers and ensure that customers receive all relevant information. Missing details can be costly, as competitors or consumer protection organizations may issue warnings.
Mandatory Information for Your Customers
Your customers must be informed about all conditions that apply to shopping in your online store. This includes the following details in particular:
1. Product and Contract Details
- Essential characteristics of the goods or services
- Information about contract conclusion
- Minimum duration for long-term contracts
- Clear delivery time specifications (e.g., “3 to 5 days”; vague terms like “available soon” are not allowed)
- Possible delivery restrictions or replacement deliveries of equal quality and price
2. Prices and Additional Costs
- Total price, including all taxes and fees
- Shipping costs (separately specified for freight shipments)
- Any additional costs or taxes not collected by the provider
3. Payment, Delivery, and Cancellation
- Accepted payment methods and shipping options
- Existence or non-existence of a right of withdrawal, including deadlines and conditions
- Provision of withdrawal instructions and a withdrawal form (e.g., via email or as a printed document with delivery)
4. Additional Information
- Extra charges for specific communication methods (e.g., paid hotlines)
- Duration of limited-time offers
- Technical steps required to conclude a contract
- Storage of the contract text and accessibility for the customer
- Languages available for contract conclusion
- Existing manufacturer warranties
- Information about adherence to any codes of conduct, if applicable
- Link to the EU Online Dispute Resolution platform
- Statement on whether your business participates in consumer arbitration
5. Data Protection Notices
- Types of collected data
- Purpose and legal basis of data processing
- Recipients of the data and processing in third countries
- Rights of the affected individuals
- Contact details of a data protection officer or responsible person in the company
B2B or B2C? Clear Labeling Is Mandatory!
If your online store is exclusively for business customers (B2B), this must be clearly indicated. The notice must be immediately visible and not just included in the terms and conditions (T&Cs).
For a store to be recognized as a B2B-only shop, the following requirements must be met:
- A clearly visible notice stating that only business customers can place orders
- This notice must appear on every page of the shop
- The customer’s business status should be confirmed before purchase via a checkbox (placed near the order button)
Otherwise, consumers may assume that your shop is also for them and claim rights such as the right of withdrawal.
Who Qualifies as an Online Retailer?
The following providers qualify as online retailers:
- Operators of online stores and auction platforms
- Providers of websites with direct ordering options
Providers who only present their products online but complete sales via phone or email are not considered online retailers. However, they still have specific information obligations.
Right of Withdrawal: What Applies to Online Purchases?
When consumers purchase online, via phone, email, or fax, they generally have a 14-day right of withdrawal. This applies to both goods and services.
- The withdrawal period begins upon receipt of the goods. For partial deliveries, it starts with the final delivery.
- For services, the period starts upon contract conclusion.
- The 14-day period can be extended but not shortened.
- Certain items, such as custom-made goods or hygiene products, may be excluded from the right of withdrawal. Customers must be informed of this before ordering.
Withdrawal Instructions and Form
Online retailers must provide correct withdrawal instructions and a withdrawal form. There are legal templates for this that should not be modified. Errors or outdated texts can result in warnings.
⚠️ Important: If the instructions are missing or incorrect, the withdrawal period does not start. Consumers may then withdraw up to 12 months and 14 days later.
Withdrawal does not require a specific format. The customer must only clearly state that they wish to cancel the contract.
Right of Withdrawal for Business Customers?
Business customers do not have a right of withdrawal. If your store serves both consumers and businesses, the latter might still attempt to claim withdrawal rights. To avoid this, explicitly state in your terms and conditions that the right of withdrawal applies only to consumers.
Return Costs in Case of Withdrawal
If specified in the terms and conditions, the customer must cover the cost of returning items. However, the initial shipping costs must be refunded to the customer.
Frequently asked questions
Where do I start when creating a procedure directory?
List your data processing operations by
- determine which data you process
- why you process it
- how you process it
When do I have to delete the data?
The following steps can help you to find the right storage duration:
- find out what data you have
- list the reasons why you need it
- check or have LLH check for you whether you are legally obliged to retain it
- if the data is needed for several purposes and you have different deletion periods, take the longest storage period (there are a few more points to consider here)
- define an appropriate deletion mechanism
What do I need to bear in mind when consenting to a newsletter?
There are legal requirements as to how a newsletter consent should be formulated. Here are the most important points:
- Voluntary (i.e. no opt-out)
- Clear and understandable
- Contains all information (who receives which data and for what purpose)
- Possibility of cancellation
- Link to data protection information
But that’s not all! Further steps should be taken in the technical background, such as saving consent, verifying data, etc.
Contact LLH if you need support in designing your newsletter process.