E-commerce, also called e-commercecontinues to grow post-pandemic and has established itself as the sales channel par excellence for entrepreneurs, SMEs and companies.
Currently there are a large number of digital platforms that facilitate this type of marketing, such as marketplaces, online stores, web pages and social networks.
However, Although selling online may seem simple and simple, it is not exempt from compliance with legal issues.
In this note I explain 5 fundamental aspects What do you have to take into account so that your virtual business is in order:
Contract Terms and Conditions
It is mandatory that your site has a document called “Terms and Conditions” which is nothing more and nothing less than the contract you enter into with users and consumers who access your online business and purchase your products or services.
Its content must include, among other issues, the conditions of use of the website, the scope and responsibilities of the parties, guarantees, promotion conditions, means of payment, returns, applicable law and jurisdiction in the case of conflict resolution.
The lack of this or an inadequate wording can lead to consumer complaints, administrative sanctions and legal actions.
Privacy policies
When you sell online, you request and collect personal information from users, which is why you must take into account the provisions established by Law 25,326 on the Protection of Personal Data.
Your online space must have a document called “Privacy Policies” in which you must inform what personal data you request, how you protect it and what you are going to use it for. It is mandatory that you obtain the express consent of the users for its collection, even if your website uses cookies.
In addition, the regulations establish that all this information, which will integrate a database, must be legally registered in the National Registry of Databases.
Fiscal obligations
The issuance of invoices and the payment of taxes are always mandatory, even in online sales. Remember that it will be necessary to register as a monotributista or person in charge registered with the Federal Administration of Public Revenues (AFIP).
Likewise, you must register in the Gross Income Tax that corresponds to the jurisdiction/s where you carry out the activity.
Important: on the main page of the site, Form 960/D – AFIP Fiscal Data must be visible, which will identify you as a taxpayer.
Intellectual property
It is essential that you register your brand before launching your businesssince in this way you guarantee its ownership, its exclusive use, and that in the future you will not have to change it if it is already registered by another person.
On the other hand, if you invented something never seen before, improved a product or created an original and innovative design for an existing one, it is key that you get advice on how to protect your intellectual property rights before making it known to the public.
In the event that you have a website, you can protect its design and content (texts, images and videos) as long as they are your own.
Consumer Rights
in electronic commerce the requirement of compliance with the regulations for the protection of consumer rights is deepened. This is because, under this modality, the consumer only perceives an image of the product without being able to verify how it is in reality and it can also be difficult to understand the characteristics, functions, costs and other essential aspects of what you offer.
That’s why It is essential that you provide clear and truthful information, and avoid misleading advertising, hidden or incomplete information that can bring about claims and denunciations.
Finally, don’t forget to integrate the regret button so that consumers can easily revoke the purchase of the contracted product or service within the period established by law.
@studiobaldarotta
www.baldarotta.com.ar
*Content of a general nature for informational purposes, does not imply legal advice.
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