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RGPD, LOPD and LSSI in your eCommerce: the essential guide to sell legally

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RGPD, LOPD and LSSI in your eCommerce: the essential guide to sell legally

Today I sneaked into Jessica’s blog. I thank you very much for your invitation to write on it.

This week, while I was reviewing the latest data on electronic commerce, I came across the figure from the National Markets and Competition Commission (CNMC).

When I saw it, I thought, the pace of eCommerce is unstoppable. The business volume is 12,000 million euros.

It seems unbelievable but it has been a hundred years since eCommerce came into our lives. It was in 1920 and the country the United States.

In those early days, the form of online sales was not as we know it now. Online sales were made by catalog.

Potential customers were shown the product through the catalog. The catalog was what you now know as a product file.

That was the beginning after the Electronic Data Interchange arrived. The Electronic Data Interchange was a tool that allowed businesses to share information digitally.

Years later in 1994, credit card payment systems began to work.

Then came the World Wide Web. Thanks to it, information was transmitted between computers.

Does your online store or eCommerce comply with the obligations for legal sale? @RuizPrivacidad tells us what those obligations areCLICK TO TWEET
You see, it has rained a lot since then.

Despite the years that have passed and the differences of each era. The eCommerce or electronic commerce has always been obliged to comply with a series of obligations so that the sale is legal.

Now in the 21st century, a part of that legality is found in the RGPD 2018 , the Organic Law on Data Protection and Guarantee of Digital Rights , without forgetting the Law on Services of the information society and electronic commerce.

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If you have an eCommerce or are thinking of opening your online store, take paper and pencil because I am going to show you the essential guide for your business to sell legally, complying with the RGPD 2018 , the LOPD 2019 and the LSSI .

Remember that it does not matter what you sell, clothes, travel, etc. or services. I am thinking about your website for online courses or online marketing.

This guide is essential for your business if you sell on the Internet.

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Legal notices texts
If you do not convey confidence, it is difficult for you to close your sales.

You can now allocate a large budget to SEO and search engine positioning but … if the information you communicate to your potential customers does not convey transparency and guarantees, in addition to running the risk of being sanctioned for not being adapted to the RGPD 2018 , LOPD and / o LSSI the reliability and trust of your ecommerce will be low.

People do not like uncertainty, not knowing what can happen.

That is what you get with the legal notices of your online store , eliminate uncertainty.

In total, you are required to have three legal notices . I am going to explain the model for the legal notice of your online store .

Cookie Notice
Every week I spend a day walking around ecommerce . I like to check what their legal notices are like .
I have to confess that I am not happy with my walks.
Do you wonder why?
There are several reasons that cause my anger. The main one is due to cookies .
The online stores have neglected their cookies .
That oversight has a name: breach of the General Data Protection Regulation and the Information Society Services Law .
This breach is causing the Spanish  Albania Phone Number List Protection Agency to initiate and finalize disciplinary proceedings.
I am referring to those small files that are stored in the browsers of the people who visit your ecommerce .
In the cookie notice you have to:

Inform how they will be installed by default in the terminals of the people who walk through your online store .
Detail all the purposes of processing the information that is stored on your website through the use of cookies .
Notify what is the procedure to reject its installation.
Do not forget to give them the opportunity to choose the class of cookies that will be installed on their IPs and within the options include the possibility of rejecting them.

The reason for one of the latest sanctions imposed by the AEPD has been the downloading of analytical, preference and behavioral advertising cookies on the IPs of people visiting an ecommerce , without giving them the option to give their consent.

Cookie Notice Jessica
Notice of terms and conditions
This legal notice is your cover letter.

People walking through the window of your online store have to know:

Name or company name
The contact details of the owner
Contact email
Tax identification number
Price of the product or service, indicating the type of currency in which it will be expressed. You have to include taxes and shipping costs
Way to pay
Notice terms and conditions
Notice of Privacy
As I write this article I am remembering all the paperwork that must be done when applying for a loan from the bank.
People when lending you their personal data will not require papers. His demand is aimed at reporting the destination or the purpose of them. What will you dedicate them to?
That information is what you have to collect in the notice of privacy .
In the privacy notice of your online store you have to detail:

Albania Phone Number List

The name and address of the person responsible for the processing of data
Where the data will be saved
All forms of capture and collection of personal data: Web registration, email marketing, social networks, etc.
The type of  Aol Email List requested that will be processed
How long will personal data be processed and kept
Who will know and process your personal data: hosting, product delivery, email marketing tool
The way to exercise ARCO rights
Record of treatment activities
Databases are a great tool to improve the productivity of any business.
The RGPD 2018 does not oblige eCommerce to have a Registry of Treatment Activities if its workforce does not reach 250 people.
You wonder why
The Registry of Treatment Activities is one of the best ways to prove that you have adapted your eCommerce to the RGPD 2018 and the LOPD 2019 and are complying with all its obligations.

The Registry of Treatment Activities is a database that will contain all the data treatment activities that you carry out, classified by the category of their recipients.

Take my advice and put the life of your Business a registry of activities of treatment .

Email marketing
I don’t know of any ecommerce that doesn’t use email marketing as a customer acquisition strategy.

Email marketing improves the level of sales conversion.

But you have to be cautious and adapt your email marketing to the obligations of the RGPD 2018 and the LOPD 2019 to forget the specter of a possible sanction for not being adapted.

Check my article on sanctions

The email marketing of your online store must be designed according to the RGPD 2018 personal data treatment consent model .

I am going to explain how you have to do it:

Contact forms must have a checkbox. This checkbox forces you to request express and specific consent in two layers.
People when subscribing to the form have to find this information, it is the first layer:

Responsible for treatment Name and surname
Purpose of the processing of personal data You have to indicate what you request them for: purchase product, blog subscription, sending campaigns or promotions
Legitimation of the treatment The legitimation can be by:
to. Execution of the purchase contract

b. Consent of the interested party when subscribing to the blog, newsletter or web

c. Sending offers and / or promotions

Recipients Who else will know the personal data: hosting, providers, Google ads, etc.
ARCO rights List all rights
After making the subscription you have to send an email so that they give their consent to be registered or to receive email marketing. In that request you have to detail that they grant you consent.

Don’t ever leave that box checked. A hospital did it like this and…. has been sanctioned with a fine of 1,500 euros. It has been one of the RGPD 2018 sanctions .

CheckBox Notice
ARCO rights
We are coming to the end.

ARCO rights are the rights of:

Access
Rectification
Cancellation
Opposition
People who subscribe to your blog, newsletter, your database or those who have made a purchase can at any time:

Ask you to communicate all the information you keep about him or her
Request the rectification of your personal data by verifying that these are not correct or are not updated
Instruct you to delete all the information you kept about her or him.
Object to your processing of their personal data at any time. This right of opposition and that of deletion cannot be granted to those people who have bought any of your products or who want to buy. The law requires you to keep this data for six years.

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