Compliance of e-commerce sites within the IT legal framework
Legal services to ensure the compliance of web-based activities within the IT legal framework
Conducting business on the Internet or via the web is – among other things – subject to sector specific regulations which require web-based operators to comply with particular legal constraints.
For example, following the entry into force on 14 May 2003 of Legislative Decree 70 of 9 April 2003 (which enacted Directive 2000/31/EC, the so-called "E-Commerce" Act), certain legal requirements became compulsory. Online businesses and their websites must comply with these requirements when offering goods and/or services or even information at no charge.
Legislative Decree 70/2003 does not only regulate "E-commerce" in the narrow sense (i.e., a method for offering goods or services to the public and the subsequent possibility of concluding a contract on-line), but also applies to all “information society services", which include web-based activities of a different kind (e.g.: simple online presentations for advertising purposes, the provision of information services through the Internet, even without consideration, etc.).
In addition, Decree 70/2003 introduced for the first time in the Italian legal framework a complete regulation of business-to-business (B2B) relationships, which also applies to business-to-consumer (B2C) relationships (in this case the new regulations will coordinate with the consumer protection rules already existing in Italian law, such as Leg. Decree 206/2005 on consumer protection in remote contracts, which also applies to contracts concluded via the web).
It is thus essential to ensure that online businesses comply with the constraints prescribed by the sector-specific legislation, both to safeguard the users and also as a guarantee for the owners of web-based initiatives. Administrative penalties apply to the latter when breaches occur; they can range from 103 Euros to 10,000 Euros if there is a breach of the rules that require disclosure obligations in the interest of the Internet user.
It is precisely to ensure that websites comply with the applicable industry legislation, both with reference to the mandatory disclosures and generally the correct setting of web-based activities, that we offer, on request, the “E-Commerce Service." This service provides a sort of turnkey legal package aimed at ensuring that the structure and all the contents of a specific website and the web-based activities in general comply with the applicable technical regulations, including but not limited to:
Before requesting the "E-Commerce Service" you can also use the free “Website Check " service, available from the home page of this website.
Conducting business on the Internet or via the web is – among other things – subject to sector specific regulations which require web-based operators to comply with particular legal constraints.
For example, following the entry into force on 14 May 2003 of Legislative Decree 70 of 9 April 2003 (which enacted Directive 2000/31/EC, the so-called "E-Commerce" Act), certain legal requirements became compulsory. Online businesses and their websites must comply with these requirements when offering goods and/or services or even information at no charge.
Legislative Decree 70/2003 does not only regulate "E-commerce" in the narrow sense (i.e., a method for offering goods or services to the public and the subsequent possibility of concluding a contract on-line), but also applies to all “information society services", which include web-based activities of a different kind (e.g.: simple online presentations for advertising purposes, the provision of information services through the Internet, even without consideration, etc.).
In addition, Decree 70/2003 introduced for the first time in the Italian legal framework a complete regulation of business-to-business (B2B) relationships, which also applies to business-to-consumer (B2C) relationships (in this case the new regulations will coordinate with the consumer protection rules already existing in Italian law, such as Leg. Decree 206/2005 on consumer protection in remote contracts, which also applies to contracts concluded via the web).
It is thus essential to ensure that online businesses comply with the constraints prescribed by the sector-specific legislation, both to safeguard the users and also as a guarantee for the owners of web-based initiatives. Administrative penalties apply to the latter when breaches occur; they can range from 103 Euros to 10,000 Euros if there is a breach of the rules that require disclosure obligations in the interest of the Internet user.
It is precisely to ensure that websites comply with the applicable industry legislation, both with reference to the mandatory disclosures and generally the correct setting of web-based activities, that we offer, on request, the “E-Commerce Service." This service provides a sort of turnkey legal package aimed at ensuring that the structure and all the contents of a specific website and the web-based activities in general comply with the applicable technical regulations, including but not limited to:
- the above-cited Leg. Decree 70 of 9 April 2003 on information society services (E-commerce Decree);
- Leg. Decree 196 of 30 June 2003, (Privacy Code) that addresses, for example, all the processing of users' personal data online;
- Leg. Decree 206 of 6 September 2005, (Consumer Code) on contracts entered into online and/or remotely with consumers;
- Leg. Decree 59 of 26 March 2010 on on-line services;
- Leg. Decree 259 of August 1, 2003, establishing the Code of Electronic Communications, relating for example, to on-line contract clauses in electronic communications services provided to users and consumers;
- the specific regulations on websites and portals (e.g., Art. 2250 of the Civil Code; Resolution 60 of the Inland Revenue Service of16 May 2006, Resolutions and Decisions of the Independent Administrative Authorities of the sector such as the Authority for Safeguards in Communications, the Authority for the Protection of Personal Data, the Italian Competition Authority etc.).
Before requesting the "E-Commerce Service" you can also use the free “Website Check " service, available from the home page of this website.
