Contracts

Legal considerations when building your own webshop

If you want to sell products online, you have several options. For example, you can use existing websites like bol.com to sell your own products commercially. You don't have to worry immediately about...

Published on January 24, 2022 by MKBjuristen.nl
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If you want to sell products online, you have several options. For example, you can use existing websites like bol.com to sell your own products commercially. You don't have to worry immediately about the design and everything works properly, while you also benefit from the brand recognition of the store for everyone. However, it can also be interesting to build a webshop yourself or have one built, although there are disadvantages and quite a few points to consider.

Building (or having built) a webshop has advantages and disadvantages

The biggest advantage of building a webshop yourself or having one built is that you have great flexibility in the setup and do not have to pay commissions to intermediaries. Moreover, thanks to well-known e-commerce platforms like Magento and WooCommerce, it is very easy to add new features. The major advantage of having a webshop built is that you have full control and full freedom. The downside is that this control and freedom go hand in hand with responsibilities and costs. Fortunately, you can still relinquish some control.

For example, you can handle the hosting yourself, but for most startups, it is more advantageous to partner with a hosting company. Your website is then stored on the hosting company's servers, which ensures that your website is accessible. A hosting company often takes care of other matters as well, such as security. Some hosting companies even help with building your own website or webshop.

A good SLA is very important

In any case, when engaging a hosting company, you will need to make clear agreements, for example regarding matters such as uptime. After all, you want your webshop to be constantly online, so the hosting company will have to provide firm guarantees. You include these and other agreements in a so-called SLA (Service Level Agreement).

An SLA generally includes provisions regarding minimum availability, performance, support, and security. Often, it is the hosting company that presents an SLA. If you are unsure whether the SLA aligns with, we recommend using our ContractCheck™. Our specialists will then review the SLA against applicable legislation and indicate the risks you face. They will explain it to you during a telephone consultation.

Required pages on a webshop

If you are building your website or having one built, there are a number of things you need to take into account. Certain information must be included on your website. This includes, for example, your contact details, an information page regarding the right of withdrawal, and a cookie statement. Our experts can help you with this, as it is really important that you get all of this right.

Copyright on a webshop

Moreover, when having a webshop built, it is important to make clear agreements with the webshop builder. After all, the creator holds the copyright to the program code. This means that you are not allowed to simply change it or have it changed. Therefore, it is important to have the correct licenses so that you can potentially engage another company later to build upon the existing program code.

The same applies to the design of your webshop or the use of product photos, as someone else may hold the copyright to those as well. If the designer or developer presents you with a license, we recommend always having a ContractCheck™ performed so that you do not face unpleasant surprises later on.

Securing the webshop

Finally, as a webshop owner, you will be handling personal data. You are required to properly secure this data and to have your privacy matters in order . For example, you must take technical measures to protect the website and personal data. If you create a website or have one created, you naturally need to arrange more than when using e-commerce software. In any case, it is important to only work with reliable hosting companies, to update software in a timely manner, and to opt for MFA. An SSL connection, secure backups, and limiting the number of possible login attempts are examples of other measures you would do well to take.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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