Legal Support for E-commerce & Marketplace Projects

Yes. An online contract may be concluded through a website, mobile application, marketplace, or another electronic system, provided that the user has access to the contract terms and performs an action that constitutes acceptance, including sending an electronic message, completing an electronic form, or taking another action, provided its legal effect is clearly explained within the information system. In practice, this may include clicking the "Place Order," "Confirm Purchase," "Pay," or a similar button, provided the website clearly explains its legal significance.

The requirements depend on the jurisdiction, the type of product, the sales model, and the customer's status. Most e-commerce projects should provide information about the seller, the product or service, pricing, taxes, delivery, payment, returns, warranties, complaint procedures, and contact details. The seller must provide direct, simple, and continuous access to the information required by law, including its registered address, email address and/or website address, identification details, licensing information (where applicable), taxes, and delivery costs. For sales to consumers in the EU, additional pre-contractual information requirements under the Consumer Rights Directive for distance contracts must also be observed.

Yes. This is a standard requirement for online sales and an important part of the seller's evidence. An order confirmation helps document exactly what the customer ordered, the purchase price, the applicable terms, and the chosen delivery and payment methods. If a customer concludes an electronic contract by placing an order through an information and communication system, the seller must promptly confirm receipt of that order. For international sales, order confirmation is also generally considered part of a proper customer journey and compliance with distance selling regulations.

Yes. The customer should receive proof of payment or another document confirming that payment has been made. The required format depends on the jurisdiction, payment method, seller's legal status, tax rules, and business model. A person receiving payment for goods, works, or services under an electronic contract must provide the customer with an electronic document, receipt, sales receipt, cash receipt, or another document confirming receipt of the funds, indicating the payment date.

Yes. Where the customer is an individual purchasing goods or services for personal use, consumer protection legislation generally applies. This is true not only in Ukraine but also in other markets, including the EU, the UK, and the US, although the specific rules differ by jurisdiction.

Yes. For B2C e-commerce, a Return Policy is practically essential. It explains when goods may be returned or exchanged, the applicable deadlines, who bears delivery costs, which products are non-returnable, how refunds are processed, and where customers should submit complaints.

Yes. An online store typically processes customers' personal data, including names, telephone numbers, email addresses, delivery addresses, order history, payment information, cookies, analytics, and marketing data. If the business serves customers in the EU or targets the EU market, the GDPR may apply, regulating the processing of personal data of individuals in the European Union

Yes, but the legal basis for sending marketing emails, the content of the communication, the unsubscribe mechanism, and the privacy notice must all be properly structured. The applicable rules vary by jurisdiction: some require prior consent, while others provide exceptions for existing customers or allow soft opt-in mechanisms. Marketing emails must also be clearly identified as commercial communications. For the EU, businesses should additionally consider the GDPR and ePrivacy rules governing direct marketing, cookies, and electronic communications.

Yes. A marketplace generally requires more comprehensive legal documentation than a standard online store because it simultaneously interacts with buyers, sellers, payment providers, logistics partners, and, in some cases, user-generated content. Typical documentation includes Terms of Use for buyers, a Seller Agreement, product listing rules, a content moderation policy, payment and commission rules, a dispute resolution procedure, an IP Policy, seller liability provisions, and complaint handling procedures. If the marketplace operates in the EU, the Digital Services Act may also apply to the platform.

Yes. Businesses selling to consumers in the EU should consider not only general sales terms but also consumer protection law, the GDPR, ePrivacy and cookie requirements, rules governing digital content, VAT, advertising regulations, country-specific requirements, and online platform regulations where the business operates as a marketplace. The Consumer Rights Directive establishes rules for consumer contracts, including distance contracts. The e-Commerce Directive regulates certain aspects of information society services and electronic commerce within the EU. The Digital Services Act may also apply to online platforms.

It should begin with an analysis of the business model: who the seller and customer are, which goods or services are being sold, the countries involved, how payments, delivery, returns, personal data processing, marketing activities, and customer complaints are handled. Based on this analysis, the required legal documentation can then be identified, including a Public Offer or Terms of Sale, Terms of Use, Privacy Policy, Cookie Policy, Refund Policy, Delivery Policy, Warranty Terms, a Seller Agreement for marketplaces, agreements with suppliers, and a compliance checklist for the relevant jurisdictions.