Legal support of online trading

Legal support of online trading

On the one hand, e-commerce provides greater freedom to its members and increases the speed of promotion of goods, as well as the efficiency of tracking the needs of the buyer. On the other hand, in connection with the dissemination of information on the Internet, online stores are obliged to comply with additional statutory requirements.

In addition to the norms of chapter 30 of the Civil Code of the Russian Federation regulating the particularities of the sale and purchase, the Rules for the sale of goods by the remote method, approved by the Government of the Russian Federation of September 27, 2007 N 612, apply to sales, concluded on the basis of the acquaintance of the buyer with the description of the goods offered by the seller, contained in catalogs, prospectuses, booklets or presented on photos or using postal communication networks, telecommunication networks, including the Internet information and telecommunication network, as well as communication networks for broadcasting TV channels and (or) radio channels, or by other means that exclude the possibility of direct acquaintance of the buyer with the goods or sample goods when the conclusion of such a contract.

One of the features established by the Rules is the procedure for providing information about a product by a seller. Namely, the seller at the time of delivery of the goods must bring to the notice of the buyer in writing such information as the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of conformity of the goods; information about the basic consumer properties of the goods (and in relation to foodstuffs, information about their composition; price in rubles and conditions for purchasing goods; information about the warranty period; rules and conditions for the effective and safe use of goods; information about the service life or shelf life of goods; location The business name of the manufacturer (seller), the location of the organization authorized by the manufacturer (seller) to accept claims from buyers and produce repairs and maintenance of the goods, imported goods - the name of the country of origin of goods; information on obligatory acknowledgment of conformity of products with mandatory requirements to ensure their safety for life, health purchaser, information about the rules of the sale of goods, and others.

In addition, the seller of the online store must comply with the following legal requirements:

  1. Federal Law N 152-FZ dated July 27, 2006 “On Personal Data”. Since the purchase of goods in most online stores provides for the buyer to enter information such as last name, middle name, and payment details (for example, bank card number), the seller acts as an operator for the processing of personal data. In particular, the personal data operator (seller) is obliged to publish a privacy policy on its website.
  2. Intellectual property laws. For example, it is important to avoid copying in the use of online store items, as well as in the use of a number of images that can be registered as trademarks. It is also recommended to refrain from copying photos and text contents of other sites.
  3. Federal Law “On Advertising” dated March 13, 2006 N 38-FZ. Article 8 of the said law establishes that in the advertising of goods with a remote method of selling them, information must be indicated on the seller of such goods: name, location and state registration number of the record on the creation of a legal entity; surname, name, patronymic, main state registration number of the record on state registration of an individual as an individual entrepreneur.

Legal services

BRACE Law Firm provides the following legal services for the support of online trading:

  1. legal analysis of the appearance and information content of the site from which the sale of goods (works, services) is carried out for compliance with current legislation;
  2. legal support of contractual relations in the process of e-commerce;
  3. legal assistance in resolving conflict situations arising in the process of implementing this type of business;
  4. representation of the seller’s interests in challenging the unlawful actions of the authorized government bodies exercising control over advertising and online commerce activities.

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