Creators of e-commerce sites must be familiar with the requirements of the European Union, regarding sites offering goods and services to European consumers. The absence of the legally provided information blocks leads to serious sanctions for the owners of the sites and the imposition of administrative fines by the Commission for the Protection of Users, the Commission for the Protection of Personal Data and others.

Why should sites have a “Terms and Conditions” section?

General terms and conditions are pre-formulated contractual terms for multiple contracts that one party offers to the other upon conclusion. When creating an e-commerce site, the site owner makes an offer to an unlimited number of users to purchase the product/service offered by him. Establishing the terms and conditions should be done before the contract is entered into, as they are conditions for many potential future contract proposals. The general conditions refer to contracts of the same type and are abstractly formulated clauses that are not tailored to the specific characteristics of the subject of the contract, but rather to the type characteristics of the contract, among which is the subject of all contracts of the relevant type. In the event that the user wishes to purchase the offered product/service, a distance sales contract is concluded between them. In order to meet the legal requirements, the site should prominently display the conditions for concluding this type of contract. The user must be aware of the rights and obligations he has when purchasing goods from the site in question. The contract between the trader and the consumer is concluded under general conditions, which means that it must be in writing and in accordance with the provisions of Bulgarian legislation (Article 298 of the Commercial Law and Articles 143-148 of the Consumer Protection Act). Mandatory requisites of this type of contract include: individualization of the merchant who sells the requested goods, methods of payment and return of the goods, delivery time (the maximum allowable time for delivery and return of products has also been introduced) and options for resolving disputes. It is also necessary that the contact form with the merchant is placed in a prominent place and is easily accessible.

The range of aspects of information to be provided to the user is very broad. However, not all of them apply in every case, so the specifics of the service or goods provided are of course important.

What are “Cookies”?

Cookies are computer data that allow identification of the user in order to display goods/services designed for his individual preferences. According to the new requirements, the cookie policy should be prominently and clearly indicated on the site, and the user must expressly agree to the collection of personal data about him. The type and method of data collection must also be explicitly mentioned. It should also contain information about deleting and blocking cookies.

The protection of personal data on websites

Every site within the European Union must contain a privacy and personal data protection policy that governs the collection, processing and storage of personal data of registered users, in accordance with the legal requirements of Regulation 2016/679. The main principles proclaimed in the regulation are legality, transparency and accountability. Regulation (EU) 2016/679 restricts the free transfer/exchange of personal data with recipients in third countries and international organizations (those outside the EU and the EEA). The site must state who collects users’ personal data and for what purpose. Moreover, the measures and mechanisms for the protection of personal data, as well as their storage period, should be explicitly presented.

Creating e-commerce websites requires serious knowledge in various subjects. Complying with EU legal requirements should not be underestimated by developers because it can lead to many adverse consequences for their customers.

VP solutions can prepare all necessary documents and texts for you. In addition, our team offers highly qualified staff who, depending on your site and the offered goods, can prepare general rules, conditions for the protection of personal data, use of cookies, description of connections with social networks and much more. Let’s work together!

Author: V.Zh.

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