3 legal errors online store

  • Tutorial
As a result of using the standard set of documents “like everyone else”, legal errors are also copied. A review of standard documents on the websites of online stores shows that their owners often do not think about the function that such documents can and should perform.

We analyzed the practice of holding online stores accountable for violations of the law and identified 3 main errors that are not difficult to eliminate if you wish. So, what threatens the use of solutions integrated into the website template of the online store and how to deal with it, see below.

1. Lack of Privacy Policy on the site

When placing an order in the online store, the buyer fills out a form, which may include the last name, first name, middle name, address, phone number and other information that relates to personal data on the basis of the Federal Law "On Personal Data".

Therefore, the owner of the online store is recognized as the operator for the processing of personal data and must strictly comply with the requirements of this law.

Including, the operator is obligated to publish or otherwise provide unlimited access to the document defining his policy regarding the processing of personal data, to information about the requirements for the protection of personal data that are being implemented (part 2 of article 18.1 of the Federal Law “On Personal Data”).

Violation of this requirement entails administrative liability under Article 13.11 of the Administrative Code of the Russian Federation in the form of a fine in the amount of: for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

Here is a typical Justice of the Peace order on administrative responsibility. In exceptional cases, taking into account the circumstances of the case and the identity of the offender, the court in determining the administrative penalty may limit itself to a warning.

To eliminate liability, it is enough to place a Privacy Policy on the site, which clearly defines the procedure for processing personal data of users of the online store and the measures taken to ensure their confidentiality in accordance with the requirements of the current legislation.

The user must be acquainted with the conditions for the use of personal data in an explicit form before the start of their processing. The consent of the user to the processing of personal data must be specific, informed and conscious. Therefore, a link to the Privacy Policy is placed in the Public offer of the online store , which the user gets acquainted with when registering on the website of the online store.

However, when a site is viewed by a supervisor or notary, registration is usually not carried out. The protocol only records the process of placing an order through a special form, using which personal data is provided.

Therefore, it is advisable, before sending the payment order, to invite the user to once again confirm their agreement with the Offer of the online store, including a link to the Privacy Policy.

In addition, it should be possible to freely access the Privacy Policy from any section of the online store by placing a direct link in the basement of the site.

2. The absence in the offer of complete information about the product and the seller

Based on the Law "On Protection of Consumer Rights" and the Rules for the sale of goods remotely, the seller is obliged to provide the buyer with complete, reliable and accessible information, including:
- characteristics (main consumer properties) of the goods before concluding the contract of sale ;
- the full company name of the seller (indicating the legal form);
- the seller’s address (location),
- the place of manufacture of the goods,
- the price, payment procedure for the goods and other conditions for the purchase of the goods,
- information about its delivery,
- information about the service life, shelf life and warranty period,
- information about the period, during which the offer to conclude the contract is valid);
- information whether the product was in use or previously repaired.

For violation of the rules for the sale of certain goods, administrative liability is provided in the form of a fine according to Article 14.15 of the Administrative Code of the Russian Federation for officials - from one thousand to three thousand rubles; for legal entities - from ten thousand to thirty thousand rubles.

The owner of an online store cannot be fined for not providing the above information if he is not a seller of goods. The buyer must be informed about this before purchasing the goods.

Typically, such a notice is posted in the text of the Offer, which the buyer gets acquainted with when registering on the website of the online store. See, for example, Resolution of the Tenth Arbitration Court of Appeal in Case No. A41-6880 / 14.

If there is no direct indication in the Offer that the owner of the online store is not a seller of goods, it will be virtually impossible to prove the opposite, because to execute the contract of sale, any person could be involved and this does not change the owner of the Internet resource to the buyer.

3. The absence on the site of the necessary information about the advertiser

This error is made when selling goods through the online store by various suppliers (Internet exchange, Internet auction, etc.).

On the basis of Article 8 of the Federal Law “On Advertising”, information on the seller of such goods should be indicated in the advertising of goods using the remote method of selling them:

1) for organizations, the name, location and state registration number of the record on the establishment of a legal entity;

2) for an individual entrepreneur - surname, name, patronymic, main state registration number of the record on state registration of an individual as an individual entrepreneur.

The absence of such information entails administrative liability under Article 14.3 of the Code of Administrative Offenses in the form of a fine on officials - from four thousand to twenty thousand rubles; for legal entities - from one hundred thousand to five hundred thousand rubles.

As an example from practice, we refer to the FAS Order of the Omsk Region.

It should be noted that information on goods sold is not an advertisement posted on the seller’s official website for these goods, if the information is intended to inform website visitors about the range of goods, conditions for their purchase, prices and discounts, terms of use, is also not an advertisement information on the economic activities of the company, promotions and events held by this company, etc., therefore, the provisions of the Federal Law “On Advertising” are not relevant to such information are spreading.

Therefore, online stores that sell products on their website on their own do not violate these requirements of the Federal Law "On Advertising".

Pay attention to the documentation for the site. It will help you avoid unnecessary problems with users and regulatory authorities.

Only registered users can participate in the survey. Please come in.

Where are the documents for your online store from?

  • 6.8% Developed by lawyers 9
  • 28% themselves were 37
  • 52.2% Found on the Internet 69
  • 12.8% Used the Built-in Template 17

Also popular now: