Question: What are the legal framework conditions for the online sale of goods and services?
September 30, 2022 | 80,00 EUR | answered by Daniel Netz
Dear Business Law Attorney,
My name is Gertrud Schneider and I run a small online shop where I sell goods and services. Lately, I have heard more and more about legal issues related to online sales and therefore I am concerned about my business.
The current situation is as follows: I sell my products through my website and social media platforms to customers all over Germany. I have not taken any specific legal steps to secure my online shop and I am unsure if I am complying with all legal requirements.
My concerns mainly revolve around potential warnings, data protection violations, or contract traps that could cause me financial or legal problems. I want to expand and run my business successfully, but without the certainty that everything is legally correct, it is difficult for me to plan for the future.
Therefore, I am wondering what legal requirements I need to consider when selling goods and services online. Are there specific laws or regulations that I need to comply with? What measures can I take to legally protect my business and minimize legal risks?
I look forward to your expert advice and thank you in advance for your support.
Sincerely,
Gertrud Schneider
Dear Mrs. Schneider,
Thank you for your inquiry regarding the legal framework for online sales of goods and services. It is understandable that you are concerned about the legal security of your online shop, and I can assure you that it is important to comply with all relevant laws and regulations to avoid potential legal issues.
First and foremost, it is important to know that online sales of goods and services are subject to various legal regulations. The most important laws you need to consider include the Civil Code (BGB), the Law against Unfair Competition (UWG), the Telemedia Act (TMG), and the General Data Protection Regulation (GDPR).
For example, the Civil Code contains regulations on contract formation, warranty, and the right of withdrawal in distance contracts. It is important to have clear and understandable terms and conditions as well as a withdrawal policy on your website to inform your customers about their rights and obligations.
The Law against Unfair Competition regulates fair competition in online commerce and prohibits misleading advertising, prohibited price indications, or the misuse of customer reviews. Make sure you do not engage in unfair competition practices to avoid warnings.
The Telemedia Act includes regulations on imprint obligation, data protection declaration, and disclaimer on your website. Make sure your imprint is complete and clearly visible, and that your data protection declaration complies with the requirements of the GDPR.
The GDPR regulates the handling of personal data and requires you as an online retailer to process your customers' data securely and lawfully. Make sure you have a data protection declaration that transparently informs about data processing and obtain consent from your customers when collecting personal data.
To legally secure your business and minimize legal risks, I recommend consulting a lawyer specializing in commercial law who is familiar with online commerce. A lawyer can help you review your website legally, create or revise terms and conditions and data protection declaration, and assist you in implementing legal requirements.
It is important to take care of the legal protection of your online shop in a timely manner to avoid warnings or legal issues. I wish you success in the further development of your business and am at your disposal if you have any further questions.
Best regards,
Daniel Netz
Lawyer specializing in commercial law
