ensure the identification, analysis and definition of the requirements to be complied with in management systems in their various subjects arising from the legislation established by the various competent authorities; Assess the level of compliance and define the actions required to achieve regulatory compliance. This way, you can ensure that you comply with all your legal obligations (no matter where your customers are), reduce the risk of litigation and protect your customers, which builds trust and credibility. From time to time, third party requirements may change in response to internal or regional regulations. Therefore, it is necessary to ensure that your policies comply with the latest requirements in order to avoid possible sanctions or service interruptions. Third-party applications and services must also comply with the law. As organizations, they can also face reputational damage, as well as fines and penalties if they fail to comply with their legal obligations. For this reason, it is often mandatory for all partners and customers who use their services to comply with regulatory standards. Under the GDPR, users have a number of legal rights in relation to their personal data. As a data controller, you must not only respect these rights, but also inform your users about them.
These rights include: Remember that civil liability for damages applies to all legal relationships: A business partner may be entitled to compensation if you have violated a law. For example, selling counterfeit products through a partner platform such as Amazon may result in legal action against you and the customers who purchased the counterfeit products. If the answer is yes, it means that you must comply with all the requirements for the validity of consent, which are also quite broad when installing cookies. At present, however, most commentators agree that this would not be feasible and that this is not the intention of the EU legislator. Therefore, the simplified requirements of the ePrivacy Directive will continue to be considered applicable to the installation of cookies, mainly under Article 95 of the GDPR. However, keep in mind that this is a hotly debated topic. This problem will only be resolved once the new ePrivacy Regulation, currently under development, has entered into force. EU law also requires sellers to inform consumers via the European Online Dispute Resolution (ODR) platform via a direct link. ODR or “Online Dispute Resolution” is a procedure that allows EU consumers to easily lodge complaints (in relation to online sales) against companies also established in the EU. This means that ODR requirements also apply to US companies that have some form of physical presence in the EU. Typically, these requirements are governed by a valid, updated document containing the Terms and Conditions (also known as Terms of Use: Terms of Use, Terms of Use, or EULA: End User License Agreement).
Last but not least, but perhaps most importantly, if certain conditions are met, there may be legal consequences of a criminal nature. For example, if you intentionally violate or ignore privacy policies for marketing purposes (for example, if you sell personal information to a group of people without notifying them), you could face serious consequences. However, criminal law is largely a matter for national regulation: conditions and consequences must be examined on a case-by-case basis. 7. Update the legal requirements matrix: Whenever new changes are generated in the standard or new changes are published, the legal requirements matrix is updated. It begins with the examination of the authorities in relation to the subject matter to be dealt with and the review of the regulations adopted, and ends with the assessment of compliance with the requirements and the preparation of the action plan for compliance with the identified regulations. In addition to the obligations and disclosure requirements set forth above (and subject to your applicable regulations), if you operate an e-commerce website or application, you are also subject to applicable commercial laws and industry rules. The Terms and Conditions document is essentially a legally binding agreement. Therefore, it is not only important to establish it, but it must also be ensured that it meets all legal requirements. Join one of our free webinars, enjoy live demos and solve your doubts immediately.
Our webinars are absolutely practical and are designed to help you understand legal requirements and adapt your websites or applications to regulations. While e-commerce disclosure requirements in the United States are still largely state-to-state, in many cases it is considered common practice to include this information in a terms and conditions document. In addition, information about returns and refunds is typically included in certain content areas of the website or app that are easily accessible from the product description page. What is the difference between returning a product by withdrawal and returning it under warranty? In this context, consent refers to an individual`s voluntary and informed consent to participate in a particular event or process. 6. Action Plan: If you already have the audit report, take corrective, preventive, and improvement actions relevant to the action plan. 5. Review the audit: Once the work plan is complete, conduct an audit to see how the organization`s level of compliance is evolving. If you sell directly to consumers (B2C), you must assume additional information obligations, including but not limited to all of the above, as well as provide a link to the European online dispute resolution platform for consumers, specify delivery times, provide information on your prices and applicable taxes in accordance with Directive 83/2011/EU. etc. Among other benefits, consumers have an unlimited right of withdrawal within 14 days (known as the cooling-off period) under EU consumer protection rules. This means that consumers can withdraw or withdraw from a distance contract (online, by telephone, by post) for any reason or without use within 14 days of receipt of the product (in the case of goods).
As the world becomes increasingly dependent on digital products and services, data protection is a top priority for many countries and regions. As a result, many regions have strong and enforceable privacy regulations that businesses must comply with. Appoint a DPO (if a number of conditions are met). Under certain conditions, you may need to appoint a Data Protection Officer (DPO) to oversee all data processing activities you carry out and to comply with applicable laws.