Orest Hlado
IT

4 documents without which a website operates outside the law

A public offer, privacy policy, consent to data processing and return terms: what a website that sells something or collects contacts must have.

Orest HladoOrest Hladolawyer, it Published 15 October 20262 min read
IN SHORT
  • A website that sells something or collects a name and phone number must have documents.
  • You need an offer, a privacy policy, consent to data processing, and seller details with return terms.
  • An offer copied from a competitor works against you in a dispute.

Your website sells something or collects people's contacts, but there are no documents on it. While all is calm, nobody thinks about it.

Then a customer complaint or an inspection arrives. And it turns out the site has been running without what the law requires.

1. Public offer

The terms on which people buy from you. What exactly you sell, how it's paid for, when and how you deliver, what happens in case of delay. The offer replaces a signed contract with each buyer: a person clicks “Pay”, and the contract is concluded.

2. Privacy policy

What data you collect, why, where you store it and who you pass it to. If the site uses analytics, a CRM or a mailing list, they need to be mentioned too.

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Offer, policy, consent and return terms for the way you work.
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3. Consent to the processing of personal data

That very checkbox under the form. A name and phone number are already personal data, so even a simple landing page with an enquiry form needs consent.

4. Seller details and return terms

Who is selling (name, company details, contacts) and how to return goods. It's a requirement of e-commerce and consumer protection law.

Why not a template

Most often a site carries an offer copied from a competitor. It has someone else's company details, someone else's delivery terms, and clauses that contradict how you actually work. In a dispute with a customer, a document like that works against you.

The documents are done once. After that they simply sit on the site and do their job until you change your terms.

If your customers are abroad

For customers in the EU, GDPR applies. If you sell an app or SaaS, you'll need Terms of Service and a Privacy Policy in English.

More: documents for a website or online shop.

Frequently asked questions

Do I need documents if the site only collects enquiries?

Yes. A name and phone number are personal data, so you need a privacy policy and consent to processing.

What happens if there are no documents?

A risk of a fine for breaching personal data law, and a weak position in any dispute with a customer.

Do these documents work for Instagram or Taplink?

Yes, they can be added as a link. What you need depends on what you sell.

This article is general in nature and is not legal advice. Every situation has its own nuances.

Orest Hlado
AUTHOR
Orest Hlado
Lawyer in Lviv. For 5+ years I've been helping entrepreneurs, IT companies and foreigners with companies, trademarks, contracts, real estate and residence permits.
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