Installing the WooCommerce plugin does not mean you are automatically in compliance with e-commerce regulations.
The world’s most popular WordPress plugin, in fact, is extremely functional for online sales but does not generate the information necessary to have a compliant e-commerce.
The Consumer Code, Legislative Decree 70/2003, and all e-commerce regulations give very precise indications on the information to be included within an e-commerce site, ranging from the identity of the seller to the Privacy Policy.
In case of omission, the Privacy Guarantor can issue very steep penalties.
Privacy-related penalties can be as high as €2 million or 4 percent of annual turnover for companies with higher turnovers, and the Competition and Market Authority with fines of up to €5 million.
Do you really want to take these risks?
Let’s see together with Floriana Capone, the Ecommerce Lawyer, what information you need to include in your WooCommerce site to have a compliant e-commerce.
What information is required to have a compliant e-commerce site?
To have a compliant e-commerce you must comply with the directions of the E-commerce Regulations and the Consumer Code, according to which the following information should never be missing:
- identity of the seller (name, registered office, Chamber of Commerce registration, REA registration, registered capital);
- information on shipping costs;
- accepted methods of payment;
- terms and conditions of sale;
- Privacy Policy and Cookie Policy.
This information should be included in the footer so that users can see it at any time they are browsing.
WooCommerce, in this case, cannot help you have a compliant e-commerce since the plugin does not automatically generate all the legal documentation.
What must the conditions of sale contain for my e-commerce to be compliant?
According to the regulations, the terms and conditions of sale must contain certain mandatory information, including information on the purchase process, explaining to the user how the order is arrived at, the right of withdrawal, and the legal guarantee.
The terms and conditions for an e-commerce site must be understandable to the site’s target audience.
Therefore, to have a compliant WooCommerce site, this section must be written in clear language that is easy to understand.
In addition, the user must be given easy access to it by creating a dedicated and clearly visible section.
The plugin does not automatically generate the terms of use section, nor does it custom draft them.
What information should the product sheet contain?
The product sheet is a document that must be meticulously edited because it must give precise information about the product purchased.
Your customer, therefore, should be informed about the product’s characteristics, such as the material from which it was made, the color variants available or the sizes.
In addition, you must not forget to include other mandatory information:
- price
- the wording VAT included, if it is due
- conditions of sale
- availability
- withdrawal policies and delivery charges
When it comes to discounted items, in addition to the discount percentage, the starting price and the final price must be entered.
The buy button is also essential for the e-commerce product sheet to be compliant.
What does the Privacy Legislation require at the checkout stage?
The Privacy Legislation requires the customer to give explicit consent whenever his or her personal data is collected for purposes such as direct marketing, profiling, or the transfer of data to third parties.
Without consent, therefore, it is not possible to use the data collected for those purposes.
For this reason, a number of consent checkboxes should be entered at the checkout stage, whereby the customer:
- declares that he has read the Privacy Policy;
- consents to the processing of his/her data for the indicated purposes;
- consents or not to direct marketing (including newsletters).
If, then, data are used for profiling and the transfer of contact lists to third parties, these two purposes should be indicated separately.
Let’s say right away that in privacy matters WooCommerce does not generate a Privacy Policy, let alone customize consent formulas as required by privacy regulations.
Finally, during checkout, the customer should be shown a summary of the order so that he/she can check it again and finalize the purchase.
What is the correct returns procedure for a compliant e-commerce?
According to the regulations, information about the right of withdrawal must be clearly stated on the e-commerce site.
Otherwise, in fact, the merchant risks that the withdrawal period will be extended by 12 months.
The information requirement covers the conditions, terms and procedures for exercising the right of withdrawal.
This information should be included in the product sheet and in a section dedicated to the right of withdrawal, with a link in the footer.