Operating an e-commerce platform involves numerous legal obligations, and failure to comply with them may result in significant penalties imposed by authorities. In the context of an increasingly regulated digital environment, it is essential to understand and adhere to applicable legal provisions to protect your business and ensure a safe and transparent purchasing experience for consumers.
First, regardless of the organizational structure and business activity, obtaining the NACE code 4791 – Retail sale via mail order houses or via the Internet – is necessary for online sales.
According to Law No. 365/2002 on electronic commerce, the owner of an e-commerce site is required to display in a visible place on the online platform the following information, presented as an example: the company’s name and address, contact details (phone number, email address, etc.), registration number in the trade register or a similar public register, tax identification code, business activity, authorization numbers, prices of the services or products available on the platform, whether or not delivery charges are included in the price, and their amount, if applicable. Finally, any other information the merchant is required to provide to consumers under current legislation must also be displayed.
Additionally, sending commercial communications via email (e.g., newsletters) requires prior consent from the recipient. These communications must be clearly identifiable, indicating the individual or legal entity on whose behalf they are made. If they include promotional offers (discounts, prizes, gifts) or promotional competitions, these must be clearly identified, with easily accessible and clearly presented conditions for obtaining and participating.
Starting in August 2022, displaying the ODR platform (Online Dispute Resolution) icon on the homepage of the website, with a link to https://ec.europa.eu/consumers/odr, is mandatory.
Similarly, an icon for the ADR platform (Alternative Dispute Resolution) with a link to https://anpc.ro/ce-este-sal/ must also be included.
To comply with the consumer information obligation provided in Article 6 of Government Emergency Ordinance No. 34/2014, the website must include a Terms and Conditions document. This document acts as the distance selling contract between the seller and the client, detailing aspects such as the rights and obligations of both parties, delivery and return policy, order procedures, pricing information, payment methods, intellectual property, warranties, and conflict resolution.
Another essential document is the Privacy Policy, which notifies consumers, as data subjects under GDPR, about the methods of processing personal data collected and managed via the website, in accordance with applicable regulations.
According to Government Decision No. 947/2000 regarding the indication of product prices offered to consumers, the sale price and the unit price must be expressed in the national currency. However, if prices are displayed in other currencies, they must be clear and easy to understand. Similarly, transport and packaging costs must be mentioned separately and be easy to identify.
Under the law, any merchant announcing a price reduction must relate it to the reference price previously applied in the same sales space for identical products or services. The reference price is defined as the lowest price practiced in the same sales space during the 30 days preceding the date the price reduction is applied. To avoid penalties, all legal supporting documents proving the previous price must be kept and presented to the competent control authorities upon request.
Finally, Law No. 363/2007 on combating unfair commercial practices and harmonizing regulations with European consumer protection legislation aims to protect consumers and ensure a well-functioning market. Thus, a commercial practice is considered unfair if it cumulatively contravenes professional diligence requirements and alters or is likely to alter the economic behavior of the average consumer targeted or the average member of a specific group of consumers. Such behaviors are subject to significant penalties.
Given the extensive and often complex nature of online sales regulations, it is recommended that each business operator offering goods or services online consult with an e-commerce GDPR specialist to ensure compliance with the obligations in these areas.
For further information or any additional inquiries, please do not hesitate to contact us:
➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Mihaela Murariu – Attorney at Law
