Creating a website for your business involves more than just design and content. There are various legal obligations that must be fulfilled to ensure your website complies with current laws and avoids future issues. This article outlines the main legal obligations for business websites in Portugal, helping you stay within the law and protect your business.
Mandatory Information on the Website
Company Identification
According to Portuguese law, your website must include the following information about your business:
Company Name: The registered trade name or firm.
NIF (Tax Identification Number): To identify the company for tax purposes.
Head Office: The physical address of the company’s headquarters.
Contact Information: Phone number, email, and other contact methods.
Electronic Complaints Book
Since July 1, 2018, all companies providing services to end consumers are required to provide an electronic complaints book. A visible and accessible link must be provided on your site, directing consumers to the portal where they can submit online complaints.
Privacy Policy
In compliance with the General Data Protection Regulation (GDPR), any website that collects personal data must have a clear and accessible privacy policy. The policy should include:
Types of Data Collected: What personal data is collected (e.g., name, email, address).
Purpose of Collection: Why the data is collected and how it will be used.
User Rights: Information on how users can access, correct, or delete their personal data.
Data Protection Officer Contact: Contact details of the person responsible for managing personal data in the company.
Cookies
Websites that use cookies to track user activity must comply with the following obligations:
Informed Consent: Users must give explicit consent before cookies are installed on their devices.
Clear Information: Clear information must be provided about the types of cookies used, their purpose, and how users can manage their cookie preferences.
Terms and Conditions
The Terms and Conditions are essential for regulating the use of your website and the services offered. This document should include:
Usage Rules: How users are expected to use the website and its services.
Limitation of Liability: The company’s liability limitations regarding the website’s usage.
Intellectual Property Rights: Information about copyright and intellectual property rights of the website content.
Return and Refund Policy: For e-commerce sites, a clear policy on returns and refunds must be included.
Consumer Protection
Product and Service Information
For e-commerce websites, it’s mandatory to provide complete and accurate information about the products and services offered, including:
Product/Service Description: Detailed information about features and functionality.
Prices: Clear and itemized prices, including taxes and additional costs.
Delivery Conditions: Information about delivery times and costs.
Right of Withdrawal: Information about the right of withdrawal, allowing consumers to cancel the purchase within 14 days of receiving the product without having to justify their decision.
Product Warranty
Products sold online must follow the same warranty rules as those sold in physical stores. The warranty period and procedures for claiming it in case of defects or non-compliance must be provided.
Conclusion
Complying with legal obligations is essential to avoid penalties and build trust with your customers. Staying updated on the laws and regulations applicable to your website is essential for any business that wants to operate online in a safe and transparent manner. Ensure your website includes all mandatory information, a clear privacy policy, detailed terms and conditions, and complies with consumer protection standards.
FAQ
What happens if my website does not meet legal obligations?
Your company may be subject to fines and other legal sanctions. Non-compliance can also damage your company’s reputation and customer trust.
Do I need a lawyer to ensure my website is compliant?
While not mandatory, it’s highly recommended to consult a lawyer specializing in digital law to ensure your website meets all legal obligations.
How can I stay updated on changes in legislation?
Keep track of legal updates through official sources such as the website of the National Communications Authority (ANACOM) and the National Data Protection Commission (CNPD). Additionally, subscribe to newsletters from relevant entities and associations in the digital sector.
