Legal aspects
CONSIDERATIONS/ASPECTS OF THE LEGAL QUALIFICATION
The legal qualification of the electronic commercial provider covers the following three fields:
A. General control of the electronic commercial provider
B. Fulfillment of general legal regulations regarding electronic commercial services
C. Control of the fulfillment of special legal requirements depending on the characteristics of commodities/goods or services
In the course of the qualification the following legal rules/provisions of law/legal measures are taken into consideration :
- The several times amended Act No. 2001:CVIII. on certain questions of electronic commercial services and services related to the information society
- Act No. 1997:CLV on consumer protection
- Act No. 2005:CLXIV on commerce
- Act No. 2009:LXXVI on general rules of starting and displaying service activities
- Act No. 1992:LXIII. on protection of personal data and publicity of the data of general interest
- Act No.2008: XLVIII. on fundamental conditions and certain limits of the activities related to economic advertisement
- Bill/Act/Law No. XLVII dated 2008 on prohibition of dishonest commercial practice against customers
- Government Regulation No. 17/1999 (II.5) on distance contracts
- Government Regulation No. 133/2007. (VI. 13) on the functioning of shops, as well as on conditions of commercial activities that can be displayed out of shops
- Government Regulation No. 151/2003 (IX. 22) on compulsory guaranties warranted for durable consumer goods.
- Common Decree No. 4/2009 (I. 30) passed by the Ministry of National Development and Economy (NFGM) and the Ministry of Social Affairs and Labor (SZMM) on the detailed regulation of how to indicate sales prices, unit prices and service fees.
- Government Regulation No. 210/2009 (IX. 29) on conditions of displaying commercial activities .
When elaborating the conditions we also pay attention to the interpretation of law and aspects of control applied by the National Authority of Consumer Protection.
A. General control of the electronic commercial provider
- Control of issue of registration/ decision of registration/ registration as a self-emloyed and the main datas of the firm
- Controlling the connection between the domain name and the service provider
B. Fulfillment of general legal regulations regarding electronic commercial services
- Does the provider comply with his obligation of furnishing data records?
o Is the transmission of data in conformity with the regarding requirements of law?
o Does the method of transmission and the possibility of accessing information answer the requirements of law?
- Control of information regarding electronic commercial transactions
o Information on prices, miscellaneous fees, method of fulfillment of orders and delivery
o Information on essential characteristics of commodities or services
o Information on additional charges
o Other conditions of payment, delivery and fulfillment
o Information on guarantee conditions
- Information on concluding contracts
o Publication of the general conditions of contract, their accessibility
o Information regarding the electronic conclusion of contracts, their contents and fulfillment
o Information regarding the technical steps of the electronic conclusion of contracts
o Possibilities of corrections and saving
o Information regarding the managing of contracts
o Information on the language of concluding contracts
o Confirmation of contracts
o Information on the Code of Conduct
o Exclusion of dishonest publicity practice
- Enforcing of rights by the customer (claims management)
o Information on where customers’ claims can be submitted
o Information on the order of claims management
o Information on right of cancellation or its lack
o Information regarding applied communication methods (telephone call with normal or with increased tariffs)
- Control of the providers’ publicity activities
o Regulation of applying for a newsletter
o Exclusion of dishonest publicity
- Regulation of managing personal data
C. Control of the fulfillment of special legal prescriptions depending on the characteristics of commodities/goods or services
Examination of the conformity with further legal requirements depending on the characteristics of services or sold commodities/goods (for instance: sale of spirits or tobacco products, sale of works under copyright, pharmaceutical products, products with curative effects, sale of sexual products, etc.)
- Has the provider permission to pursue his activity?
- Does he comply with further legal requirements originating from the special activity?
