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Creation of a web page, usual carelessness in Startups and its legal consequences.

13 May 2013

Creation of a web page, usual carelessness in Startups and its legal consequences.

The use of the web page in the development of the commercial activity for most businesses today is essential. In general, efforts are focused on its functional development and design, leaving aside the compliance with the basic rules that govern mandatory mentions that shall be included in the web page, as well as other responsibilities directly related to electronic commerce. Next, in general terms, a summary of some of them:

General contents with easy, direct, and free access that should be included in the web page:

  • Name or corporate name, place of residence or domicile, email address, and any other data that would allow establishing a direct and effective communication.
  • Registration data on the Trade Register, or in any other Public Register, should that be the case.
  • In case the activity is subjected to a previous administrative authorization regime, the data corresponding to such authorization.
  • In case of exercising a regulated profession, the data confirming the authorization to exercise such profession shall be indicated.
  • Tax Identification Number.
  • When making reference to prices, clear and accurate information shall be provided on the price of the product or service, indicating whether applicable taxes are included or not, and, if required, information on shipping costs.
  • The codes of conduct ruling it, and the way to look them up electronically.

This duty shall be considered complied with if included in a visible and accessible place of the web page. Generally, a separate page is included, which can be accessed by clicking a “legal notice” icon.

In case electronic contracting is made through the web page, the following duties shall be observed:

Before contracting:

Inform the user of the following:

  • The different operations that need to be made to sign the contract.
  • If the electronic contract will be saved, and if it will be accessible.
  • Mechanisms to correct mistakes in the entering of data.
  • Languages for contracting.
  • General contracting conditions.

After contracting:

  • Give effective confirmation of the transaction and payment – should it be the case. This confirmation can be made via e-mail, or through a message on the same page.



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