Terms and Conditions for Websites and Online Shops – Why One Size Does Not Fit All

Almost every website and online shop today displays terms and conditions and a privacy policy. In many cases, however, these documents are copied from another website without any assessment of whether they apply to that specific business. This is not only inadequate — it can expose the operator to regulatory sanctions, consumer complaints, and claims based on the very documents intended to provide protection.

Why the Activity of the Website Determines What Is Required

The legal requirements applicable to a website or online shop depend directly on what it does, who its users are, and what personal data it processes. A simple information website has different obligations from a consumer online shop. A platform processing payment data has different obligations from one using only basic analytics. Each situation demands an individual assessment of the documents legally required and their content.

Terms and Conditions

For an online shop selling to consumers, the terms must comply with the Consumer Protection Act and the E-Commerce Act, addressing the right of withdrawal, delivery terms, liability for conformity, and the complaints procedure. These requirements are mandatory and cannot be contracted out of. For a business-to-business platform or a service provider, the applicable rules differ entirely.

Privacy Policy and GDPR

Every website that processes personal data — which includes almost every website using analytics tools, contact forms, or user accounts — must provide users with clear, complete and accurate information about how their data is processed. A privacy policy copied from another site will almost certainly be inaccurate in material respects. Under GDPR, an inaccurate privacy policy is itself a compliance failure.

Cookie Policy and Consent

The rules on cookies require that users give informed, freely given consent before non-essential cookies are placed. A cookie banner that merely informs users the site uses cookies does not constitute valid consent. The specific tracking tools used must be individually identified and disclosed.

The Individual Assessment Is Not Optional

The only reliable way to ensure a website’s documentation meets its legal obligations is to have it drafted or reviewed by a lawyer who has assessed the specific activities of that business — not copied, adapted, or generated without that assessment. We carry out this assessment individually for each client and draft the necessary documentation accordingly.