In the digital age we live in today, where every service or product is available online, it's important to know what a website's terms and conditions and privacy policies are.
They are fundamental for the proper functioning of online platforms and for the protection of users' data.
The terms and conditions and privacy policy specify the rights and obligations for using the website, as well as defining what information can be shared, how personal data is used and what the consequences are for breaching the rules.
In the following lines we will look at what they actually are and why they are so important for our online business.
The General Terms and Conditions are a type of contract between the user and the merchant - the owner of the website, governing the rights and obligations of the seller and the buyer upon conclusion. The terms and conditions could be said to replace the traditional contract.
According to the Consumer Protection Act, before the consumer is bound by a distance or off-premises contract or by a similar offer to conclude a contract, the trader is obliged to provide the consumer in a clear and comprehensible manner with all the information related to the product/service offered by the trader, as well as the terms and conditions under which the contract may be concluded. The information in question is presented in detail and clearly in the General Terms and Conditions drawn up by the online merchant. In addition to being binding, the terms and conditions can be particularly useful when the trader fails to satisfy a consumer in one way or another.
Adequately drafted terms and conditions not only help to ensure that a website is legal, but also help to establish clear rules for users and protect the interests of the website itself. It is always advisable to consult a lawyer when creating or changing the Terms and Conditions of a website. In practice, the use of blanket Terms and Conditions is often observed. This is highly inadvisable and can cause huge headaches for a website owner.
A privacy policy is a document that addresses the collection, use, disclosure, and management of users' personal information on the side of a website or application.
It explains what type of personal data or other personally identifiable information is collected by the site owner when registering on its panel, how that information is used, shared or disclosed, and the choices and rights that site users have regarding the processing of their personal data. This is an extremely important document, as the unlawful collection and processing of personal data carries huge penalties from the CPPD. Again, the use of such a blank document can lead to damaging consequences for any trader.
The drafting of terms and conditions and privacy policies for a website is something that should be entrusted to a competent lawyer to ensure their legality and effectiveness. It is not advisable to use boilerplate ones generated by a platform or ones that we have simply "changed the name" of. Their content is of particular importance for the specific website.
It is important to note that the terms and conditions are legally binding and users must accept them before using the website services.
KGK Law Firm has a team of qualified specialists dealing with the preparation of such documents and the protection of personal data. Our team can assist you with:
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General Terms and Conditions