The online seller's guide
Legal notice and T&Cs: the mandatory pages of your shop
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Do you run an online shop? Whatever you sell, you must display two sets of legal pages: the legal notice (which identifies the site publisher, under the e-Commerce Directive 2000/31/EC) and the terms and conditions (which frame the contractual relationship with your customers, under the Consumer Rights Directive 2011/83/EU). These pages are mandatory, must contain specific information, and the T&Cs must be accepted by the customer before they confirm their order.
The mandatory legal notice
Article 5 of the e-Commerce Directive 2000/31/EC, transposed across the EU, requires every publisher of a publicly accessible site (so every online shop) to state a number of details that make it possible to identify and contact them.
- •Your identity. For an individual: your surname and first name. For a legal entity (company): the corporate name, the legal form, the amount of share capital and the registered office address.
- •Your contact details. An address, an email address and a telephone number that make it possible to contact you.
- •Your registration numbers. Your company register number and, where applicable, your intra-EU VAT number.
- •The person responsible for the content. The person accountable for the content published on the site.
- •Your host's details. Its name or corporate name, its address and its telephone number.
The T&Cs: what they must contain
For a distance sale to consumers, the terms and conditions of sale formalise and restate the mandatory pre-contractual information (Directive 2011/83/EU, art. 6). In particular they must specify:
- →the price and essential characteristics of the products or services;
- →the withdrawal right: its existence, the 14-day period, how to exercise it and the model form. See the model T&Cs clause for the withdrawal button to copy ;
- →the legal guarantees (conformity and hidden defects). See your obligations on the legal guarantee of conformity ;
- →the contact details of the consumer mediator you fall under. Understand the consumer mediation obligation ;
- →the payment, delivery and performance terms of the contract;
- →the duration of the contract and its cancellation conditions, where applicable.
For sales between businesses (B2B), the regime is different: the T&Cs are not displayed in the same way, but where national law so requires they must be provided to any business buyer who requests them. A shop that sells to both consumers and businesses must therefore take account of both regimes.
Accepting the T&Cs before the order
Drafting compliant T&Cs is not enough: the customer must also be able to read them and accept them before confirming their order. In practice, this rests on two complementary mechanisms.
- •A dedicated tick box. The customer ticks a box declaring that they have read and accepted the T&Cs, with a link that genuinely gives access to them. This box must not be pre-ticked.
- •The double click. The customer confirms their order after seeing the summary (products, total price): a first click validates the basket, a second confirms the order and commits them to payment.
Without this prior, explicit acceptance, your T&Cs may be unenforceable against you: in the event of a dispute, you will not be able to rely on them against the customer.
The risk if you fail to comply
A missing or inaccurate legal notice as required by the e-Commerce Directive, like a lack of information in the T&Cs, may give rise to an administrative fine imposed by the national regulator (in Ireland, the CCPC). Beyond the penalty, incomplete legal pages or unaccepted T&Cs expose you to disputes and to clauses that are unenforceable against your customers. Bringing your legal notice and your T&Cs into compliance is therefore, above all, a preventive measure.
An obligation to include in your T&Cs
Your T&Cs must mention the withdrawal right… and its button
Among the information your T&Cs must contain is the withdrawal right. Since the 19 June 2026, every shop that sells to consumers across the 27 EU member states must also offer a compliant withdrawal button (Directive (EU) 2023/2673; in Ireland, enforced by the CCPC). BackToMe is the entry point for getting you into compliance: a compliant withdrawal button, with an acknowledgement of receipt on a durable medium and archiving with evidential value.
Read the full withdrawal button guideTo go further
This page provides general information and is not a substitute for tailored legal advice. For the exact and up-to-date wording of the provisions cited (the e-Commerce Directive 2000/31/EC, the Consumer Rights Directive 2011/83/EU), refer to EUR-Lex.