The E-Commerce Directive defines the key rules that every online store must follow in Europe, from mandatory information to the validity of digital contracts. Here we explain how to comply with data protection and other website legal requirements to operate safely.
Directive 2000/31/EC of the European Parliament and of the Council, known as the E-Commerce Directive, sets the legal framework for information society services in the European Union. Its aim is to ensure the free movement of these services among Member States, removing legal barriers and fostering trust in the digital environment.
It applies to any ecommerce compliance operating in Europe or selling to European customers.
The Directive covers services provided at a distance, by electronic means, and at the request of the end user, such as:
Exclusions: It does not apply to areas such as taxation, personal data protection (covered by the GDPR), gambling involving monetary stakes, notarial activities, or legal representation before courts. It also does not regulate mere intermediaries of transmission or hosting (hosting, caching), as long as they have no actual knowledge of unlawful activities or act immediately to block illegal content once detected.
In addition, the Directive prohibits imposing on providers a general obligation to monitor all transmitted or stored information, although they must act when they become aware of unlawful activities.
Every online service provider (including online stores) must clearly and accessibly provide:
Commercial communications must be clearly identifiable as such. Promotional offers, contests, or discounts must be easily recognizable, with clear and accessible conditions for participants. Having legal texts for websites visible is essential.
Electronically signed contracts have the same legal validity as traditional contracts. In addition, it is mandatory to establish mechanisms that allow the user to:
To align with the Directive, your ecommerce must implement clear policies on privacy, terms and conditions, legal notices, and secure electronic contracting systems. You must also ensure that the information provided is truthful, transparent, and easily accessible to consumers.
In addition, you should establish procedures for managing commercial communications and dispute resolution, in line with European regulations.
If you need to adapt your ecommerce to these obligations, platforms like Lawwwing make it easy by automatically generating legal texts, digital contracts, and privacy policies that comply with the E-Commerce Directive and other EU regulations.
