Rapidly expanding area of e-commerce is legally regulated on European level and by the member states, including Poland. Thus, if you consider to expand your business by an e-shop aimed at Polish customers you should abide to legal regulations at both levels.
Check the most important legal obligations that shall matter to you when running an eShop in Poland!
- LEGAL FORM OF BUSINESS. The e-shop may be run by entrepreneur as sole proprietorship with the requirement of registering in the Central Files and Information of Sole Proprietorships (CEIDG) or by a commercial law company registered in the National Court Register (KRS).
- DOCUMENTATION. In order to run an e-shop compliant to the regulations you will need a comprehensive documentation, like: shop regulations (commercial terms), complaints procedure, warranty conditions and procedure, invoices.
- INFORMATION DUTIES. The scope of protection granted by law for consumers is very broad. Moreover it increases even further if the entrepreneur fails to comply with information duties. You should be extra diligent as far as proper labeling, pricing and broad information on consumer rights are concerned.
- CONSUMER RIGHTS. A consumer, by the fact of concluding the agreement by the means of distance communication, has additional rights, they should be informed about by the e-shop operator. The pivotal right is the right to withdraw from the purchase agreement within 14 days of receiving purchased goods without stating a reason.
- CONSUMERS' PERSONAL DATA PROTECTION. If you are processing personal data of your clients, you need to fulfill the requirements of personal data protection regulations, in particular of the GDPR (General Data Protection Regulation). Please remember that failure to comply with the GDPR provisions bears a risk of a incurring financial penalty.
- TAX ISSUES. As a taxpayer you should exercise extra diligence, as to which documents must be issued and delivered to end customers and tax authorities and if you are subject of VAT. If you run an e-shop as B2C you will also need a cash register.
- PENALTIES. The consequences of breaching the law while running an e-shop are severe from a business perspective. Exceptionally burdensome are the penalties associated with infringing customer rights and regulations on personal data protection.
CONTACT
Agnieszka Samborska
Legal Adviser | Accace Poland
Tel: +48 504021963
E-mail: Agnieszka.Samborska@accace.com
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