How not to break the law when selling goods/services online through an online store: key rules of e-commerce

E-commerce is developing rapidly, and more and more entrepreneurs are opening online stores. However, not everyone knows that the remote sale of goods is regulated by the legislation of Ukraine, in particular, the Rules for the sale of goods to order and outside of retail or office premises, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 103 of April 19, 2007 , as well as the Law of Ukraine "On Electronic Commerce " No. 675-VIII . Failure to comply with these rules may result in fines or even banning of the business. Let's consider several key requirements that every online store must comply with.

1. Place the Public Offer (agreement) with the buyer

When selling online, a public offer (contract concluded remotely) is a mandatory document. It should clearly state:

Name and details of the seller;
Terms of order, payment, delivery and return;
The procedure for consideration of claims.

The absence of an offer or its incorrect execution may cause the agreement to be declared invalid. Moreover, payment systems check the presence of a public offer on the merchant's website.

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1.1. Provide the consumer with complete information about the product

In accordance with the Rules for the sale of goods to order and outside retail or office premises , the seller is obliged to provide the buyer with all the necessary information about the goods and the terms of its purchase. In particular, before placing an order, the user must know:

The full price of the product, including taxes and possible additional payments;
Delivery methods and terms of order fulfillment;
Warranty obligations and return conditions.

The seller may be prosecuted for hiding important information.

1.2. Inform the consumer about the procedure for returning the goods

A consumer who purchased a product remotely has the right to return it without explaining the reasons within 14 days from the moment of receipt (Article 9 of the Law of Ukraine "On the Protection of Consumer Rights"). Exceptions are non-returnable items (eg personal care products, software in sealed packaging, etc.).

The seller is obliged to notify the buyer about the return procedure in advance, including through a Public Offer.

2. Post the Privacy and Personal Data Processing Policy

The online store is obliged to comply with the norms of protection of personal data of customers. For this you need:

Post a privacy policy on the site;
Obtain the user's consent to the processing of his data;
If cookies are used, it is necessary to indicate what information and data they collect, refrain from the obligation of optional cookies;
Ensure protection of personal data from unauthorized access.

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3. Post the Terms of Use of the site

In addition to the privacy policy, it is desirable to post the terms of use of the site , which regulate:

Rights and obligations of users when using the online store;
Copyright and protection of intellectual property;
Limitation of liability of the site owner;
Dispute resolution procedure.

These rules protect the online store against unauthorized copying of information in addition to technical protection measures.

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NB! Penalties for violating the rules of distance trade

Non-compliance with the Rules for the sale of goods to order and outside retail or office premises and the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On the Protection of Consumer Rights" may lead to the following sanctions:

Lack of necessary, available, reliable and timely information about the products or the seller (about the product, price, terms of delivery and return) — a fine in the amount of 30% of the value of the goods received in violation ( clause 7, part 1, article 23 of the Law "On the Protection of Consumer Rights" ).
Violation of the consumer's right to return the goods - the seller is obliged to accept the goods back and return the money, and may also be fined up to 100% of the value of the goods ( clause 1, part 1, article 24 of the Law "On the Protection of Consumer Rights" ).
Limitation of the consumer's right to freely choose goods and services at a time convenient for him and to freely carry out non-cash payments, taking into account the mode of operation and mandatory forms (types) of payments for the seller (executor) - a fine of up to 500 tax-free minimum incomes of citizens ( clause 12, part 1, article 23 of the Law "On the Protection of Consumer Rights" ).
Violation of the legislation on the protection of personal data — a fine from UAH 1,700 to UAH 3,400 for officials (Articles 188-39 of the Code of Ukraine on Administrative Offenses).
Violation of the conditions of the offer and deception of the consumer — administrative responsibility, up to the blocking of the site and ban on trading ( Articles 23, 24 of the Law of Ukraine "On the Protection of Consumer Rights" ).

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Who monitors compliance with the rules

Monitoring of compliance with the Rules for the sale of goods to order and outside retail or office premises and the Law of Ukraine "On Electronic Commerce" is carried out by:

The State Service of Ukraine for Food Safety and Consumer Protection (State Consumer Protection Service) — considers customer complaints, conducts inspections and imposes fines for violations of consumer rights;
The National Commission for Regulation of Communication and Informatization — can block Internet resources that violate the law;
Tax service authorities — control the correctness of the preparation of documents and payment of taxes.
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In case of serious violations, administrative or even criminal proceedings may be initiated.

E-commerce compliance not only reduces business risks, but also increases customer confidence. To avoid problems, it is important to carefully draw up a public offer, inform buyers, respect their rights and protect personal data.

Date of publication: 24.03.2025