3 essential legal documents for e-commerce websites

With the rise of e-commerce, legal compliance has become an essential priority for online businesses. Building an e-commerce website involves complying with several key legal obligations that secure transactions, protect consumers, and reduce the risk of heavy penalties.

To ensure your website's compliance and build your customers' trust, here are the three essential legal documents to put in place from the very start of your business.

1. Legal notices

Legal notices are a fundamental element for ensuring transparency and trust on an e-commerce website. They allow users to clearly identify the website's publisher and obtain its contact details in the event of a dispute or query.

The mandatory information to include in the legal notices is as follows:

Full identification of the company State the company name, its legal form (SARL, SAS, etc.), its SIRET number, its intra-EU VAT number, and the full address of its registered office. These details ensure quick and accurate identification of the website's publisher.

Publication director State the name of the person responsible for managing the content and legal compliance, generally the company director. This demonstrates the company's commitment to user safety.

Hosting information Provide the name and contact details of the website's host. This allows users to know where and how their data is stored.

Penalties for failure to comply with legal notices Failure to comply with legal notice requirements can result in significant penalties. A fine of up to €75,000 may be imposed on companies, along with a one-year prison sentence for the persons responsible.

A concrete example: A French e-commerce website that failed to state its SIRET number and its VAT number was sanctioned with an administrative fine. In addition to the legal risks, this omission created distrust among users, directly impacting sales.

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2. Privacy policy

The privacy policy is an essential document for any e-commerce website that collects personal data. It ensures transparency in data management and ensures compliance with the GDPR (General Data Protection Regulation).

The key elements to include in a privacy policy are as follows:

Types of data collected State the data collected, such as identification information (name, address, email) and technical data (IP address, login credentials). This level of detail allows users to understand the information collected and how it is used.

Purpose of the collection Explain why this data is necessary. This may include order delivery, purchase tracking, or personalisation of the user experience. Be transparent in order to build trust.

Retention period State the period for which the data will be retained. For example, "Customer data is retained for 3 years after the end of the business relationship". This period must be reasonable and justified by the nature of the services offered.

Users' rights In accordance with the GDPR, users have rights regarding their personal data, such as the right of access, rectification, erasure, and objection. Explain how these rights can be exercised, for example, by contacting the data protection officer.

Penalties for failure to comply with the GDPR A non-compliant privacy policy can expose the website to financial penalties of up to €20 million or 4% of the company's worldwide turnover.

A concrete example: An online retailer was sanctioned over a security breach that exposed customer data. In the absence of a compliant privacy policy, it faced proceedings brought by the CNIL, illustrating the importance of rigorous data management.

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3. GTC

General Terms and Conditions of Sale (GTC) are essential for governing transactions carried out on an e-commerce website. They clearly define the rights and obligations of the seller and the buyer, thereby protecting both parties and limiting the risk of disputes.

The key elements to include in your GTC are as follows:

Prices and payment terms Prices must be displayed in a clear and precise manner, including any additional charges (such as VAT or delivery costs). Specify the accepted means of payment and processing times to avoid any misunderstanding.

Right of withdrawal In accordance with the law, consumers have a 14-day period to return a product. Explain the applicable exceptions (perishable goods, customised products) and make an easily accessible withdrawal form available.

Legal warranties Inform customers of their rights, in particular the legal warranty of conformity for non-compliant products and the warranty against hidden defects. These warranties allow the consumer to request an exchange or a refund in the event of a problem.

Penalties for non-compliant GTC Failure to comply with GTC requirements can result in financial penalties exceeding €500,000. An e-commerce brand was recently sanctioned for incomplete GTC that omitted the rights of withdrawal and warranty, leading to costly disputes and a loss of credibility with customers.

A concrete example: Many start-ups, for lack of budget, opt for generic GTC templates found online. This can expose them to inspections and penalties, particularly if the information provided does not comply with legal requirements.

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