Starting an online shop: 10 legal tips you must follow

Starting a webshop means that, in addition to technical choices, you must also comply with strict legal obligations. You will have to deal with information obligations, the statutory right of withdrawal (14-day cooling-off period), warranty and conformity obligations, the GDPR, and the rules of the Netherlands Authority for Consumers and Markets (ACM). Failure to comply risks extended return periods, fines, and disputes with customers. Below you will find the 10 most important legal points of attention that you, as a webshop owner, must adhere to, along with the concrete consequences and next steps for each.

What legal requirements must a webshop meet?

As soon as you sell products or services to consumers online, you fall under the rules for distance selling and consumer law. The core comes down to four blocks: transparency (who you are, what you sell, at what price), information obligations (cooling-off period, right of withdrawal, complaints), consumer protection (right of withdrawal and warranty), and data protection (GDPR). The 10 tips below walk you through these blocks in a practical way.

1. Make clear who the customer is doing business with

As an entrepreneur, you must be identifiable. Customers need to know with whom they are entering into an agreement. Therefore, explicitly state your trade name and your contact and address details. The contact details must include at least an email address plus another way to reach you, such as a telephone number. Additionally, include your Chamber of Commerce registration number and your VAT identification number.

The Netherlands Authority for Consumers and Markets (ACM) requires you to display this information sufficiently visibly. Simply including it in your webshop's general terms and conditions is therefore not sufficient; just put it on your site as well, for example on a contact or “about us” page.

2. Fulfill your duty to inform consumers

The legislator requires you to clearly inform consumers in advance. This concerns, among other things, the statutory cooling-off period, the right of withdrawal, and the associated model form for termination. You must also be clear regarding your complaint handling procedure and any additional terms and conditions.

If you do not provide this information (in full), the cooling-off period can be substantially extended. If you provide the mandatory information retroactively, the cooling-off period starts running again from that moment. If you do not do so at all, the term can increase to a maximum of twelve additional months. In that case, a customer can therefore cancel the purchase long after it has been made.

3. Be clear about offer, price, and delivery

Your offer and price must be sufficiently clear. Always state the most important features of the product; an additional photo or instructional video only makes the offer more concrete. The price must be clear and all additional costs (such as shipping or payment fees). When addressing consumers, always display the price including VAT .

Do you offer subscriptions, recurring deliveries, or contracts with automatic renewal through your webshop? If so, additional rules apply, for example regarding cancellation periods. Finally, be clear about your delivery terms and the expected delivery time.

4. Ensure a transparent ordering process

Has the customer made their choice? Then make the ordering process clear and predictable. Indicate which steps the process involves and show an overview of the order with the most important information just before completion. The customer must still be able to adjust their choices before placing the final order.

Important: the order button must unambiguously indicate that a payment obligation arises (for example, “Order with payment obligation”). Checkboxes for extra options or declarations of agreement must not be pre-checked .

5. Send a correct order confirmation

Most webshop systems can configure the ordering process to be legally compliant by default and automatically send an order confirmation. However, such a confirmation is not without obligation: you must also provide sufficient information after the order has been placed. Reiterate the key details, remind the customer of their right of withdrawal, and include the model withdrawal form .

You may include this information in the email itself or attach it as a PDF. However, it is not sufficient to hide this information exclusively in the enclosed terms and conditions.

6. Treat customers from other EU countries equally

In the past, webshops sometimes discriminated between Dutch and foreign buyers, resulting in different terms and conditions. Since December 3, 2018, the European Geoblocking Regulation. Consequently, you may not treat customers within the EU differently based on their nationality or place of residence without an objective reason. Therefore, simply refusing a credit card from another EU country, while not doing so for Dutch customers, is not permitted.

Note the nuance: the regulation does not oblige you to supply abroad if you do not normally do so, and you do not have to harmonize prices. It concerns equal access and equal treatment under the same conditions (“shop like a local”).

7. Draft appropriate general terms and conditions

The consumer has far-reaching, mandatory rights. You may not deviate from these to their detriment. But that does not mean that your interests have to take a back seat: your position also deserves protection, because only in this way can you conduct business in a healthy manner.

Therefore, include general terms and conditions for your webshop that respect consumer rights and establish your own rights. Consider correctly regulating exceptions to the right of withdrawal (for example, for custom-made or perishable products) and a clear arrangement regarding default and costs. Well-drafted and properly communicated terms and conditions form the basis for resolving a dispute, so do not treat this lightly.

8. Fulfill your warranty and conformity obligations

Product delivered and price paid does not mean you are finished. The customer is entitled to a sound product that does what he may reasonably expect of it (the conformity requirement). If the product does not meet this requirement, the consumer is generally entitled to free repair, replacement , or, if that is not possible, a (partial) refund.

This statutory obligation is separate from any manufacturer's or trade warranty. Take this into account from the start, for example by formalizing agreements with a supplier or repair service in a cooperation agreement. No matter how you organize yourself, you cannot escape your warranty and conformity obligations.

9. Comply with the GDPR and cookie rules

With a webshop, you almost always process personal data, such as names, addresses, email addresses, and payment details. As a result, you fall under the General Data Protection Regulation (GDPR). Functional cookies may be used without consent; for tracking and marketing cookies, you valid prior consent . Specific conditions apply to purely analytical cookies, under which they may be consent-free.

Do you engage external parties that process personal data on your behalf (such as a fulfillment or mailing party)? If so, a processing agreement mandatory. The Dutch Data Protection Authority can impose substantial fines for violations, so do not underestimate this aspect.

10. Have your webshop legally screened

The nine points above show that starting a webshop involves more than is often thought. Consumers have become more assertive, and regulators such as the Netherlands Authority for Consumers and Markets and the Dutch Data Protection Authority keep a close eye on the market.

Therefore, have your webshop screened by a legal expert. You can outsource individual components, such as your terms and conditions or your privacy policy, or have the entire process checked at once. This way, you can be certain that you are compliant before the first complaint or inspection arrives.

What happens if you do not comply with the webshop rules?

Non-compliance has concrete consequences. In the event of an inadequate duty to inform, the cooling-off period can be extended to a maximum of twelve months, allowing customers to cancel long after the purchase. The ACM can take action against unfair trade practices and impose fines, and the Dutch Data Protection Authority can do so in the case of GDPR violations. Furthermore, unclear terms and conditions run the risk of being set aside in a dispute, leaving you more dependent on statutory rules that are less favorable to you.

Frequently asked questions about legal regulations for a webshop

How much time should I give my webshop customers to think it over?

In the case of distance selling, consumers generally have a statutory cooling-off period of 14 days, during which they can terminate the agreement without giving a reason. If you do not correctly inform the customer of this right, the period can be extended to a maximum of twelve additional months.

What information am I required to include on my webshop?

At a minimum, your trade name, contact and address details (including an email address), your Chamber of Commerce number, and your VAT identification number. Additionally, information regarding the price including VAT, additional costs, delivery, the right of withdrawal, and your complaints procedure.

Should I show prices including or excluding VAT?

When selling to consumers, you must always display prices including VAT, along with any additional costs such as shipping costs. If you sell commercially (B2B), you may display prices excluding VAT.

Do I need general terms and conditions for my webshop?

General terms and conditions are not legally mandatory, but are highly recommended. They establish your own rights and form the basis in the event of disputes. However, they must be properly drafted and made available to the customer before or at the time of concluding the agreement.

May I exclude certain products from the right of withdrawal?

For certain products, the right of withdrawal does not apply in principle, for example to custom-made products, perishable goods, or sealed products that cannot be returned after opening for hygienic reasons. If you wish to invoke this, you must clearly inform the customer of this in advance and correctly record the exceptions in your general terms and conditions.

Am I allowed to refuse or treat customers from other EU countries differently?

Under the Geoblocking Regulation, you may not treat EU customers differently based on their nationality or place of residence without an objective reason. You are not obliged to deliver to every EU country, but if you do, you must offer the same access and conditions as to Dutch customers.

Do I need a data processing agreement?

If an external party processes personal data on your behalf (for example, a fulfillment, hosting, or mailing party), a data processing agreement is generally required under the GDPR.

Want to have your webshop legally checked?

Do you want to be sure that your webshop complies with the rules regarding consumer law, the right of withdrawal, general terms and conditions, and the GDPR? The legal experts at MKB Juristen are happy to help. View our expertise in e-commerce and webshop law , or have your general terms and conditions for your webshop drafted or reviewed.

Schedule a no-obligation intake and discover in a brief conversation where the legal risks and opportunities for your webshop lie.