With the exponential growth of e-commerce, more and more companies are investing in creating online stores. However, to operate legally and avoid future issues, it is essential to comply with various legal obligations. In this article, we cover the main requirements an online store in Portugal must meet, including the legal conditions for offering promotions.
1. Registration and Licensing
Company Registration
Before starting any commercial activity, it is essential to register your company. In Portugal, registration can be done through the Portal da Empresa, which facilitates the creation of a company in a simplified and quick manner.
Licenses and Authorizations
Depending on the type of products you will sell, specific licenses or authorizations may be required. For example, selling food or medications requires special licenses issued by competent authorities.
2. Mandatory Information on the Website
Company Identification
Your online store must provide clear information about the company. This includes:
- Company name
- Tax Identification Number (NIF)
- Physical address
- Contact information (phone and email)
Terms of Sale
It is mandatory to make the general terms of sale available, which should include:
- Product prices, including taxes and fees
- Accepted payment methods
- Delivery times and conditions
- Return and refund policy
- Product warranties
3. Data Protection
GDPR Compliance
Online stores must comply with the General Data Protection Regulation (GDPR). This includes:
- Obtaining explicit consent from customers for data collection and processing
- Informing customers about how their data will be used
- Allowing customers to access, change, or request deletion of their data
- Implementing security measures to protect customer data
Privacy Policy
You must provide a clear and accessible privacy policy explaining how customer data is collected, used, and protected.
4. Consumer Rights
Right of Withdrawal
Consumers have the right to cancel their purchase within 14 days of receiving the products, without needing to justify the reason. Clearly inform consumers about this right and provide instructions on how to proceed.
Product Warranty
You must offer a minimum warranty of 2 years for the products sold. This warranty covers manufacturing defects and other issues that may arise during normal product use.
Alternative Dispute Resolution
It is mandatory to inform consumers about the possibility of resorting to Alternative Dispute Resolution (ADR) entities. Provide information about available ADR entities and how consumers can access their services.
5. Cookies and Similar Technologies
Cookie Consent
According to European legislation, you must obtain user consent before storing or accessing cookies on their devices. This can be done through a cookie consent banner, allowing users to accept or decline the use of cookies.
Cookie Policy
You must provide a detailed cookie policy, explaining the types of cookies used on the site, their purpose, and how users can manage their preferences.
6. Billing and Accounting
Issuing Invoices
It is mandatory to issue invoices for all transactions made in your online store. Invoices must include:
- Company name and NIF
- Transaction date
- Description of products sold
- Unit and total price, including taxes
Document Archiving
You must keep an organized record of all transactions, invoices, and other documents related to the online store’s activity. These documents must be retained for the period required by tax law.
7. Promotions and Discounts
Rules for Promotions
When running promotions or discounts in your online store, it is important to follow these rules:
- Clarity and Transparency: All promotions must be presented clearly and transparently. Consumers should easily understand the promotion conditions, including duration, covered products, and the applied discount.
- Complete Information: Provide complete information about the promotion, including the original price and discounted price. This helps avoid any confusion or misunderstanding.
- Time Limit: If the promotion has a limited duration, this information must be clearly indicated. The same applies to any limitation on the quantity of products available.
- Non-Deceptive: Promotions cannot be deceptive or mislead consumers. Misleading advertising is prohibited and may result in legal penalties.
- Compliance with Competition Laws: Ensure that promotions comply with competition laws, avoiding unfair practices that could harm consumers or other companies.
Promotion Documentation
Keep detailed records of all promotions, including duration, involved products, and applied prices. This documentation may be useful for audits or in case of legal disputes.
Conclusion
Complying with legal obligations is essential for operating an online store securely and transparently. In addition to avoiding legal issues, following these rules helps build customer trust, providing a safe and satisfactory shopping experience. Ensure your online store complies with all legal requirements to guarantee its long-term success.
FAQ
1. Do I need a special license to sell online in Portugal?
This depends on the products you will sell. Food products, medications, and other specific items may require special licenses.
2. How can I ensure GDPR compliance in my online store?
Obtain explicit consent from customers for data collection, inform them about data usage, and implement adequate security measures.
3. What should I include in the general terms of sale?
Include information about prices, payment methods, delivery times, return policy, and product warranties.
4. How should I inform consumers about the right of withdrawal?
Provide clear information in the general terms of sale and include detailed instructions on how consumers can exercise this right.
5. Is it mandatory to issue invoices for online sales?
Yes, it is mandatory to issue invoices for all transactions made in your online store, as required by tax regulations.
6. What are the rules for running promotions in an online store?
Promotions must be clear, transparent, and non-deceptive. Provide complete information about the promotion, including duration and covered products, and ensure compliance with competition laws.
