Creating an online store offers self-employed people enormous opportunities, but also harbors numerous legal pitfalls. A legally compliant design is not only required by law, but is also crucial for building customer trust and avoiding costly warnings. This article highlights the most important legal aspects that self-employed people need to consider when designing their online store.
Legal Framework for Online Stores
The legal framework for online stores in Germany comprises various laws and regulations, including:
- German Civil Code (BGB), in particular the provisions on distance selling law (Sections 312c et seq. BGB)
- Telemedia Act (TMG)
- Price Indication Ordinance (PAngV)
- Packaging Act (VerpackG)
- General Data Protection Regulation (GDPR) and Federal Data Protection Act (BDSG)
- Unfair Competition Act (UWG)
Key Legal Requirements for Online Stores
Imprint
A complete and easily accessible imprint is mandatory according to § 5 TMG. It must contain the following information:
- Name and address of the store operator
- Contact options (email, telephone)
- Commercial register entry (if available)
- Sales tax identification number (if available)
Information Obligations
Online retailers must provide comprehensive information before an order is placed. This includes:
- Essential characteristics of the goods or services
- Total price including all taxes and duties
- Terms of payment, delivery, and service
- Existence of a statutory right to liability for defects
This information must be provided in a clear, comprehensible, and prominent manner (Section 312d (1) BGB in conjunction with Art. 246a EGBGB).
Cancellation Policy
Consumers generally have a 14-day right of withdrawal for distance selling contracts (Section 355 BGB). The cancellation policy must be in a clear and comprehensible form and comply with the statutory model specifications.
Button Solution
The so-called button solution (Section 312j (3) BGB) requires that the order button is clearly labeled with the words "order with obligation to pay" or an equivalent wording.
General Terms and Conditions (GTC)
General Terms and Conditions (GTC) must be made available before the contract is concluded. They must not contain any surprising or unreasonably disadvantageous clauses (Sections 305 et seq. BGB).
Data Protection
The processing of personal data must be GDPR-compliant. This includes:
- Provision of a privacy policy
- Obtaining effective consent where necessary
- Implementation of technical and organizational measures for data protection
Price Information
Prices must be clearly assigned to the product, easily recognizable, and clearly legible in accordance with the Price Indication Ordinance. The total price including VAT and other price components must be stated.
Product Labeling
Certain products require special labeling, e.g., textiles (Textile Labeling Act) or electrical appliances (Electrical and Electronic Equipment Act).
Special Challenges for the Self-Employed
Dynamic Legal Situation
E-commerce law is constantly evolving. Self-employed persons must regularly check and adapt their online stores for legal compliance. Consider the implications of new regulations and directives, such as the New EU Product Liability Directive 2023, which extends liability to software and digital products.
International Customers
When selling abroad, additional legal requirements must be observed, particularly in the area of international private law and tax law.
Product Liability
Online retailers are liable for the safety of the products they sell. This requires careful selection of suppliers and quality controls.
Copyright and Trademark Law
Copyright and trademark rights of third parties must be observed when designing the online store and the product presentation.
Practical Tips for the Self-Employed
Legal Advice
Invest in sound legal advice when creating your online store. The costs for this are generally lower than potential warning costs.
Use of Legal Texts
Use professionally created and up-to-date legal texts (General Terms and Conditions, privacy policy, withdrawal policy). Pre-prepared texts from the Internet are often outdated or incomplete.
Regular Review
Implement a process for regularly reviewing and updating your legal texts and store functions.
Documentation
Carefully document all legally relevant aspects of your online store, including obtaining consent and providing information.
Training
Regularly undergo further training in e-commerce law to stay up to date.
Shipping and Logistics
Make sure your shipping and returns processes are legally compliant.
Customer Service
Establish effective customer service to resolve complaints and problems quickly and in a customer-friendly manner.
Technical Implementation
Make sure that your online store is technically implemented in such a way that it meets all legal requirements (e.g., correct display on mobile devices, secure data transfer).
Conclusion
The legally compliant design of an online store may initially appear to be a complex challenge for self-employed people. However, careful implementation of the legal requirements forms the basis for successful and trustworthy online trading. By creating a legally compliant online store, self-employed people can not only minimize legal risks, but also strengthen the trust of their customers and position themselves positively in a competitive environment.
In view of the complexity and constant development of e-commerce law, it is advisable for self-employed persons to keep up to date with the latest legal developments and to seek expert legal support if necessary.