What is e-commerce legal advisory?
Selling goods or services online requires compliance with a wide range of statutory obligations. Our support includes preparing the required terms and conditions, procedures and information materials for e-commerce sellers, explaining their key rights and obligations, and conducting legal compliance audits followed by recommendations designed to improve operational efficiency and strengthen legal security.
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Who can benefit from e-commerce legal advisory?
Legal support is essential both for businesses already selling online and for those planning to expand into e-commerce.
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When should you seek e-commerce legal advisory?
The number of legal obligations and the constantly evolving regulatory environment mean that ensuring compliance with applicable law should be an ongoing process or, at a minimum, a periodically repeated review.
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What are the benefits of e-commerce legal advisory?
A legal audit of existing terms and conditions, or the preparation of documentation tailored to the client’s specific needs, provides confidence that the business operates in compliance with applicable law and does so safely and efficiently.
Scope of support
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E-commerce legal advisory for businesses operating online: legal audit
- eviewing and preparing online store terms and conditions,
- reviewing GDPR compliance,
- analysis of compliance with consumer protection and electronic services legislation,
- review of agreements with business partners and preparation of agreement templates,
- verifying the legal compliance of the business,
- identifying and analyzing risks and preparing recommendations to eliminate or mitigate them,
- other legal matters arising from the specific characteristics of the sector or the products or services offered.
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E-commerce legal advisory for launching an online business
- selection of the appropriate legal form for the business,
- an information package covering the legal requirements applicable to online sales,
- preparation of online store terms and conditions,
- legal support in the form of ongoing consultations.
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Legal advisory for all businesses
- ongoing legal advice,
- corporate matters and internal documents,
- management board and supervisory board rules of procedure,
- internal policies, including ESG, anti-corruption and anti-discrimination policies,
- tax advisory,
- employment law advisory,
- preparation and review of agreements with business partners.
Implementation process
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Kick-off meeting and initial consultations
A thorough legal audit requires an understanding of the specific nature of the client’s business. Before beginning the substantive review, we therefore seek to learn as much as possible about the legal and business aspects of the client’s operations, including any circumstances specific to the business model.
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Preparation of an information request and provision of test access
We prepare a detailed list of documents and questions required to conduct the audit. Documents are shared securely and confidentially through GT Harmony, Grant Thornton’s dedicated client platform. Where necessary and possible, we also request test access, allowing us to independently verify the information displayed to users and the website architecture.
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Analysis and preparation of the report
The core part of our work involves reviewing the compliance of the terms and conditions, procedures and information published in the online store with applicable legal requirements. In addition to clear instances of non-compliance, we identify areas that could be improved to enhance legal security or increase the website’s operational efficiency. Our report describes the issues identified and provides recommendations for specific remedial measures.
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Discussion of findings and ongoing arrangements
The final stage of our cooperation involves discussing the report with the client. This ensures that both parties understand the conclusions and solutions developed during the audit and that the report can serve as practical guidance for the client.
A thorough legal audit requires an understanding of the specific nature of the client’s business. Before beginning the substantive review, we therefore seek to learn as much as possible about the legal and business aspects of the client’s operations, including any circumstances specific to the business model.
We can help in either case. Benefit from a legal audit or advisory support when setting up your e-commerce business.
Implementation process
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Identification of needs and business objectives
Reliable legal support requires an understanding of the client’s business concept and needs. Before beginning our work, we therefore hold a kick-off meeting during which the client explains the proposed business model.
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Preparation of an information package
Launching an e-commerce business involves numerous legal obligations. We provide clients with an information package containing a concise overview of the key rights and obligations of an online store operator. Among other matters, we explain the mechanisms governing sales agreements, consumer complaints, marketing consents and information obligations.
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Preparation of legal documentation for online stores
We prepare comprehensive legal documentation tailored to the client’s specific needs, including website terms and conditions, terms and conditions of sale, a returns policy, a privacy policy and other documents. We agree the scope of the legal documentation with the client.
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Ongoing consultation support
We understand that launching an online business raises many questions and uncertainties. We remain available to address any questions clients may have.
Reliable legal support requires an understanding of the client’s business concept and needs. Before beginning our work, we therefore hold a kick-off meeting during which the client explains the proposed business model.
FAQ – E-commerce Legal Advisory
What does e-commerce legal advisory include?
What mandatory documents and information must an online store provide?
A GDPR-compliant privacy policy explaining how customers’ personal data is processed is also required. In addition, the seller must comply with specific information obligations, including providing consumers with a model withdrawal form, informing them of their right to return goods and the applicable complaints procedure, and providing the company’s full contact details, including its address, email address and telephone number, to enable prompt communication.
What rights do consumers have in e-commerce, and what does this mean for the seller?
The seller must respect these rights by clearly informing customers about them, enabling them to withdraw from the agreement easily and handling complaints efficiently, including responding within 14 days. Failure to comply with these obligations may result in sanctions, including measures imposed by the Polish Office of Competition and Consumer Protection.
How can an online store ensure compliance with the GDPR and cookie regulations?
The seller should also obtain user consent where required, such as separate consent to receive newsletters or marketing communications. A cookie banner should allow customers to choose which cookies they consent to, particularly analytics and marketing cookies. These measures ensure legal compliance and minimize the risk of penalties for breaching personal data protection regulations.
What specific legal obligations apply to sales through marketplaces and under a dropshipping model?
Platform terms and conditions do not replace applicable law. The seller remains ultimately responsible for ensuring that the offer complies with the law and for handling returns and complaints. Under the dropshipping model, the seller also remains fully liable to the customer, even if the goods are dispatched by the supplier. Online platforms may additionally impose other, more stringent requirements on sellers.
