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Employees of the IT-Lex company, which is engaged in legal support of IT projects, spoke about the difficulties faced by online merchants in the legal field.
Based on the practice of bringing online stores to justice for violations of the law, IT-Lex analysts have identified the main legal errors in online commerce.
1. The absence of a Privacy Policy on the website
When placing an order in the online store, the buyer fills out a form that may include the last name, first name, patronymic, address, phone number and other information that relate to personal data on the basis of the Law "On Personal Data".
Therefore, the owner of the online store is recognized as the operator for the processing of personal data and is obliged to strictly comply with the requirements of this law. The buyer must consent to the processing of his personal data. Before sending an order for payment, it is necessary to ask the user to confirm his consent with the Offer of the Online Store, which includes a link to the Privacy Policy.
Otherwise, the retailer will store personal data illegally.
2. Lack of complete information about the product and the seller in the offer
On the basis of the Law "On Protection of Consumer Rights", the seller is obliged to provide the buyer with complete, reliable and accessible information about the product before the conclusion of the sales contract:
- characteristics (basic consumer properties) of the product;
- full company name of the seller (indicating the legal form);
- address (location) of the seller,
- place of manufacture of goods,
- the price, the procedure for payment for the goods and other conditions for the purchase of goods,
- information about its delivery,
- information about service life, shelf life and warranty period,
- information on the period during which the proposal to conclude an agreement is valid);
- information whether the product was in use or was previously repaired.
3. The lack of the necessary information about the advertiser on the site
This error is allowed when selling goods through marketplaces and online auctions. Placing a product for sale through such resources is considered an advertisement and must meet certain requirements.
The merchant is prohibited from submitting an offer without providing the buyer with information identifying the supplier of the product or the service provider.
Based on the practice of bringing online stores to justice for violations of the law, IT-Lex analysts have identified the main legal errors in online commerce.
1. The absence of a Privacy Policy on the website
When placing an order in the online store, the buyer fills out a form that may include the last name, first name, patronymic, address, phone number and other information that relate to personal data on the basis of the Law "On Personal Data".
Therefore, the owner of the online store is recognized as the operator for the processing of personal data and is obliged to strictly comply with the requirements of this law. The buyer must consent to the processing of his personal data. Before sending an order for payment, it is necessary to ask the user to confirm his consent with the Offer of the Online Store, which includes a link to the Privacy Policy.
Otherwise, the retailer will store personal data illegally.
2. Lack of complete information about the product and the seller in the offer
On the basis of the Law "On Protection of Consumer Rights", the seller is obliged to provide the buyer with complete, reliable and accessible information about the product before the conclusion of the sales contract:
- characteristics (basic consumer properties) of the product;
- full company name of the seller (indicating the legal form);
- address (location) of the seller,
- place of manufacture of goods,
- the price, the procedure for payment for the goods and other conditions for the purchase of goods,
- information about its delivery,
- information about service life, shelf life and warranty period,
- information on the period during which the proposal to conclude an agreement is valid);
- information whether the product was in use or was previously repaired.
3. The lack of the necessary information about the advertiser on the site
This error is allowed when selling goods through marketplaces and online auctions. Placing a product for sale through such resources is considered an advertisement and must meet certain requirements.
The merchant is prohibited from submitting an offer without providing the buyer with information identifying the supplier of the product or the service provider.
