Adaptation and legal compliance of the ecommerce website

Companies that have a website must adapt their site to re requirements of the Regulation (EU) 2016/679 on the Protection of Personal data, or RGPD. Furthermore, with the new regulation on Cookies, website owners are obligated to get the express consent of the data subject to be able to process it, but not without first informing them in a simple and complete manner of the circumstances of such processing.
Make sure that in the website appears the responsible of the e-commerce and their location well identified. Verify that the website has the corresponding legal notice and privacy politic.
If you have a website where you sell your products, the general terms and conditions must also be visible, as these online sales are considered distance sales, therefore subject to specific regulations, contained in the Legislative Royal Decree 1/2007, of 16 November, which approves the General Law for the Defense of Consumers and Users: The General Conditions must be written in clear language and far from technical terms that prevent or make it difficult to understand.  
The General Terms and Conditions are going to represent the contract between the owner of the website that offers its products and the consumer, so they must comply with the requirements established for contracts in the Civil Code, Commercial Code, Consumers and Users Act, Information Society Services and Electronic Commerce Act and the specific regulation of the good or service offered, which are summarized below:

Information about the contacting

  • Concise and detailed information about the prices, included the taxes and shipping fees.
  • It determines the font size and background that the contractual terms and conditions must have in order to meet accessibility and readability requirements.
  • Description of the purchase process.
  • Obligations of the buyer and seller.
  • Conditions of purchase: deadlines, method of delivery, payment.
  • The order shipment button must be labelled.
  • Determination of the requirements for customer service, complaints, claims and right of withdrawal (returns due to non-conformity with the products purchased).
  • Contractual determination of the legal warranty period and after-sales service conditions.
  • Determination of the consent to proceed to electronic invoicing. 
  • Confirmation of the effectiveness of the purchase by e-mail within 24 hours and the purchase confirmation screen once the purchase has become effective. 
  • Language or languages in which the contract can be concluded.
You can find more information here
Remember that the GDPR has established a penalty regime that can lead to the imposition of fines and that the Spanish Data Protection Agency has already initiated thousands of actions in this area.
If you need more information or advice on the adaptation of your website, or the drafting of the General Conditions, you can contact the Data Protection Department of CINC Asesoría.


Keep reading

View all
November 10, 2022

Start-ups Law

On November 3th, 2022, the green light was given to the approval of the new law on Promotion of the Emerging Business Ecosystem, or better known as the Start-Ups Law, which is expected to enter into force, by the government, on January 1, 2023.
Read more