What are the legal requirements for online sales?

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jrineakter
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Joined: Thu Jan 02, 2025 7:05 am

What are the legal requirements for online sales?

Post by jrineakter »

If you enjoy shopping in online stores, you may have considered setting up your own at some point. There are many myths surrounding this topic and a lot of misinformation, so we are going to break down the details of one very important thing that you should know if you are thinking of dedicating yourself to selling online in your own ecommerce: the legal requirements.

Opening an online store can be a little easier than doing it in a physical store, but you will still have to take into account a series of legal issues. From adaptation to the Organic Law on Data Protection (LOPD) to the requirements of the Law on Information Society Services (LSSI), such as the duty of information, contracting regulations, legal notice, cookie policy, as well as the obligations derived from the Retail Trade Regulation Law and the Consumer Law.

Remember, we're talking about opening your own e-commerce store, not choosing a sales platform like Amazon or Etsy. It may seem like a lot of things, but don't be scared. It's actually easier than it seems. Let's take a look at them.

What legal requirements for online sales must an e-commerce meet?
Exactly the same as any other business with a store or physical premises. The only difference is that e-commerce businesses do not have to deal with opening license procedures .

Furthermore, if we sell online we france number data must take into account another series of requirements: those derived from the LOPD and the LSSI.

Preliminary procedures for opening an e-commerce
If you don't have a physical store
The first thing we need to keep in mind is that selling online is not an activity in itself. It is just a medium, a channel through which we carry out the activity. Therefore, you need to be very clear about what your activity is going to be: selling clothes, crafts, translation services, machinery repair, pet care... Whatever.

Once you are clear about what your activity will be, you will have to choose the legal form of your business: self-employed , cooperative, limited company , single-person limited company .

That is, if you want to do it legally, you have to register with the Tax Agency and Social Security and specify a section of the Tax on Economic Activities (IAE). Don't worry, as a self-employed person you are exempt from paying the IAE , only entities with a turnover of more than 1 million euros have to pay it.

Furthermore, if you want to sell outside of Spain you will have to register in the Register of Intra-Community Operators .

If you have a physical store and e-commerce is a complement
You are already registered as self-employed, you have a physical store and as a second activity you intend to create an online store. In this case, you will only have to present a census declaration to the Treasury where you report the new IAE section and to Social Security with the TA-521 form .

Legal regulations affecting online stores
Remember that the laws that regulate the operation of commerce in general and online commerce in particular generate obligations. And in case of non-compliance, disciplinary proceedings may be opened with the corresponding fine and business closure. Law on Information Society Services and Electronic Commerce .
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