Basic Guide to Setting Up an Online Store

🔗 See the German and Romanian versions as well.

A topic of utmost relevance cannot be overlooked: setting up and operating an online store. Therefore, an analysis of the essential requirements for establishing an online store is necessary. E-commerce represents a virtual form of exchanging goods for a price. In some sectors or regions, online commerce has a significant impact on the expansion of physical stores.

Establishing and operating an online store involves complying with legal provisions. By adhering to the current legislation, you ensure the protection of both your business and your customers. Here are the key steps you must follow:

1.Choosing the Legal Structure and Business Registration

To legally carry out e-commerce activities and operate an online shop, you must register your business with the Trade Register, selecting one of the available legal forms, such as a Limited Liability Company (SRL) or a Sole Proprietorship (PFA). This registration is mandatory under Law No. 365/2002 on e-commerce.

2. Customer data protection

Under the General Data Protection Regulation (GDPR) – Regulation (EU) 2016/679, it is essential to obtain the explicit consent of customers for the processing of their personal data. You must also inform customers about the purpose of processing, the storage period, and their rights, such as access, rectification, or erasure of data (‘right to be forgotten’). Implementing appropriate technical and organisational measures is crucial to ensuring data security.

3. Consumer protection policies

Consumers purchasing goods or services online are entitled to rights designed to protect them, in accordance with Government Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals:

• Clear and accurate product information: It is mandatory to provide detailed product descriptions, prices, delivery charges, and any additional costs, in an accessible and understandable format.
• Right of withdrawal: Under the law, consumers may return online purchases within 14 calendar days of receipt without giving a reason. If the seller fails to inform the consumer of this right, 12 months extend the return period.
• Conformity of delivery: Products must match their description and be of satisfactory quality, free from defects.

4. Website terms and conditions

It is essential to create a clear set of terms and conditions that govern the relationship between the online store and its customers. These legal aspects of setting up an online store should cover payment methods, delivery, product returns, and dispute resolution. According to Law No. 365/2002 on e-commerce, the provision of such information is mandatory.

5. Intellectual property protection

Ensure that your trademarks, logos, and original content used on the website are protected. Avoid infringing copyright laws and protect your own creations to maintain the credibility and legality of your business. These matters are governed by Law No. 8/1996 on copyright and related rights.

6. Taxes and fiscal obligations

It is important to be aware of the tax obligations of an online store, including VAT and income tax. Compliance with tax regulations is essential for the smooth operation of the business and to avoid potential penalties. The Romanian Fiscal Code outlines these obligations. Consult a qualified accountant to ensure you meet all fiscal requirements and manage your financial matters appropriately.

7. Cybersecurity and online payment protection

Implementing cybersecurity measures is vital for safeguarding your customers’ financial data and is one of the legal aspects of running an online shop. Ensure your e-commerce platform complies with security standards such as PCI DSS (Payment Card Industry Data Security Standard), providing a secure trading environment. Law No. 506/2004 on the processing of personal data and privacy protection in the electronic communications sector also imposes specific security requirements.

8. Advertising and marketing regulations

Adhere to regulations concerning online advertising and consumer protection, avoiding misleading practices. Ensure that marketing efforts, including email campaigns, comply with current legislation and do not deceive consumers. Obtain explicit consent from clients for email marketing and ensure messages are clear and transparent. These aspects are regulated by Law No. 158/2008 on misleading and comparative advertising, and Law No. 506/2004.

9. Legislation on international sales

If you intend to sell products abroad, become familiar with the relevant legal provisions in those countries, including customs duties and import/export regulations, to avoid legal and logistical issues.

Within the European Union, rules on imports and exports are provided by specific regulations and directives applicable to each type of product or economic sector.

It is also important to be aware of bilateral or multilateral trade agreements between the European Union and other countries, which may influence customs duties and import/export procedures.

For detailed and up-to-date information, it is advisable to consult the official European Union website dedicated to trade and market access.

In conclusion, setting up and operating an online store requires careful attention to multiple legal aspects. Overlooking any of these legal considerations in creating an online store can negatively impact your business. It is advisable to work with professionals to ensure that all legal requirements are met and to build a successful and sustainable business.

Our law firm offers you full support throughout this process, including:
✅ Legal advice for setting up your business.
✅ Drafting of legal documents.
✅ Implementation of the necessary measures for GDPR compliance.
✅ Representation in case of disputes.
Get in touch with us today for tailored legal advice!