Legal audit of an online store

Legal audit of an online store

Running an online store involves numerous legal obligations designed to protect both the business and its customers. Changing regulations and rising consumer expectations mean that e-commerce owners must continually adapt their operations to current regulations. A legal audit of an online store is a comprehensive service that can effectively eliminate potential risks and align operations with applicable regulations.

Scope of legal audit

During an audit, key aspects of an online store's operations are analyzed for regulatory compliance. The process includes detailed verification and the preparation of a report outlining any necessary changes to documentation and procedures.

What do we check during an audit?

Abusive clauses – analysis of the store regulations for prohibited provisions that may violate consumer rights and expose the entrepreneur to sanctions.

Price display policy – ​​control of the correctness of price presentation in accordance with regulations, including the obligation to provide information on historical prices as part of promotions (in accordance with the Omnibus Directive).

Returns and complaints procedures – verification of compliance of the returns and complaints policy with consumer rights regulations, including the statutory withdrawal period.

Purchasing process – checking whether the purchasing path meets legal requirements, including whether users receive all necessary information before finalizing the order.

Information obligations – checking whether the online store properly informs customers about the terms of purchase, payment, delivery, privacy policy and personal data processing.

Personal data protection – verification of compliance of privacy policies, cookie banners and customer data processing with GDPR standards and applicable cookie regulations.

Mobile store compliance – analysis of the website’s responsiveness and the availability of information in the mobile version to ensure users have easy access to key content and meet legal requirements for transparency.

Preparation of documentation for an online store

As part of our service, we also offer the development and adaptation of key legal documents that are necessary for the lawful conduct of e-commerce.

Online store regulations – a document containing the rules for sales in both the B2B and B2C models, including, among others, delivery rules, complaints, customer reviews, newsletters, sales of digital content and affiliate programs.

Privacy and cookies policy – ​​documentation regulating the processing of customers’ personal data, the rules for storing and using cookies, and the mechanisms for obtaining consent to their use.

Content for information tabs – developing clear and legal content regarding returns, complaints and other important information that must be made available to store users.

Name of the button that completes the order - obligation to pay

In accordance with EU regulations and the Polish Consumer Rights Act, the order completion button must clearly indicate the obligation to pay. This means that imprecise wording, such as:

  • "I order",
  • "Next",
  • "I confirm",
  • "I'm buying."

Instead, the button should contain clear information about the obligation to pay, e.g.:

  • "I order and pay",
  • "I am buying with an obligation to pay",
  • "I confirm the purchase and pay."

Failure to comply with this requirement may result in the contract being deemed invalid, meaning that the customer will not be obliged to pay for the order.

What checkboxes are required in an online store?

When placing an order, users should be able to consent to certain terms and conditions. According to regulations, online stores must include the following checkboxes:

  • acceptance of the store regulations - mandatory consent to the terms of sale. What
    important, this checkbox cannot be checked by default;
  • consent to the privacy policy – ​​required if the store processes customers’ personal data in a way that goes beyond order fulfillment (e.g. for marketing purposes);
  • consent to receive the newsletter (optional) – must be voluntary and cannot be selected by default;
  • consent to profiling (if the store uses data to personalize content) – mandatory if the store uses automatic mechanisms for personalizing offers;

  • Acceptance of the withdrawal terms for digital products - if the store sells digital products (e.g., e-books), the customer must expressly agree to lose the right of withdrawal upon accessing the full product. Otherwise, the customer can download the file and then request a refund.

Incorrect use of checkboxes, especially default selection of consents, may result in sanctions from the Office for Personal Data Protection (UODO) and the Office of Competition and Consumer Protection (UOKiK).

What is a responsive version of an online store?

A responsive website means adapting to various devices, such as computers, smartphones, and tablets. This is crucial not only for user convenience but also for legal compliance. A mobile store should:

  • contain the same mandatory information as the desktop version,
  • provide easy access to the terms and conditions, privacy policy and return policy,
  • ensure readability and ease of navigation so that the customer can easily find all legally required information.

The lack of a properly functioning mobile version may lead to a violation of information transparency regulations and hinder the exercise of consumer rights.

Why is it worth conducting a legal audit?

  • Eliminating the risk of financial penalties – non-compliance with regulations may lead to sanctions imposed by supervisory authorities and problems with the Office of Competition and Consumer Protection (UOKiK).
  • Credibility and customer trust – properly formulated documents and clear operating rules increase business transparency and strengthen consumer trust.
  • Adaptation to current regulations – regulations regarding e-commerce and personal data protection change frequently, so regular documentation updates are essential.
  • Hassle-free business – a transparent returns policy, terms and conditions, and data protection minimize customer disputes and make running your store easier.

A legal audit is an effective way to secure your business and adapt it to legal requirements, allowing you to focus on business development without worrying about the consequences of non-compliance.

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