Web legal texts: terms and conditions, legal notice, privacy and cookies in B2B and ecommerce

Your website's legal texts —terms and conditions, legal notice, privacy policy and cookie policy— are not just a formality: they set the rules with your users, comply with the law (GDPR, consumer law, e-commerce directives) and protect you from claims. In this article we cover their importance in contracting, the differences between B2B and B2C, the consumer framework, GDPR, cookies and key points in ecommerce (returns, pre-contractual information and more).

Why web legal texts matter in contracting

When a user registers, purchases or accepts terms on your site, they are entering into a contract (or pre-contract). Terms and conditions and the legal notice set the applicable rules, the site operator and the governing law. If they are poorly drafted or not properly accepted, you may face issues with consent validity, liability limits or compliance with consumer and e-commerce law.

Terms and conditions of use and purchase

Terms and conditions can govern use of the site (access, prohibitions, intellectual property) and, if you sell online, the conditions of sale: price, delivery times, payment, returns and right of withdrawal. In B2C, consumer law requires clear information and a withdrawal period (e.g. 14 days in the EU). In B2B the parties usually have more freedom, but it should be in writing. A good sales terms contract avoids misunderstandings and claims.

Legal notice and e-commerce rules

The legal notice is mandatory in many jurisdictions (e.g. EU e-commerce and LSSI in Spain). It must identify the site operator (name, ID, address, contact details) and, where applicable, company registration details. Without a proper legal notice, you risk regulatory complaints and users not knowing who they are contracting with.

Privacy policy and GDPR

The privacy policy is required when you process personal data (forms, cookies, user accounts, orders). The General Data Protection Regulation (GDPR) requires clear information on: who is the controller, what data is collected, for what purpose, legal basis, retention, rights (access, rectification, erasure, restriction, portability, objection), and whether data is shared or transferred internationally. Failing to inform correctly or lacking a legal basis can lead to fines. For startups and ecommerce, GDPR compliance (privacy policy, legal bases, consent) is a must.

• Consent: Must be free, specific, informed and unambiguous. Pre-ticked boxes or unreadable text are not valid.
• Non-essential cookies: Require prior consent (except strictly necessary ones). The cookie policy must explain which cookies you use and allow accept or reject by category.

Cookie policy

Cookies and similar technologies (fingerprinting, local storage) are regulated by e-commerce and GDPR rules. You must inform the user which cookies you use, for what purpose and for how long, and obtain consent for non-essential ones (analytics, advertising, etc.) before placing them. A generic cookie banner without an option to reject or without a link to a clear cookie policy can be penalised. The cookie policy is usually a section of the site or a document linked from the legal notice and banner.

B2B vs B2C: consumer law and contracting

In B2C (sales to consumers) consumer protection rules apply: mandatory pre-contractual information, 14-day right of withdrawal (with exceptions), prohibition of unfair terms, legal guarantees. If your site sells to individuals, your terms must respect these rights and clearly set out essential information (product, price, costs, delivery, withdrawal). In B2B (business to business) consumer law does not apply in the same way; parties can agree more flexible terms, but having clear terms remains essential to avoid disputes.

Ecommerce: returns, withdrawal and key points

In online sales to consumers, returns and the right of withdrawal are central. You must inform about the period (14 days from receipt, unless exceptions apply), how to exercise it and who bears return costs if you do not state otherwise. In addition, pre-contractual information is mandatory: characteristics of the good or service, price including taxes, delivery charges, payment methods, delivery, right of withdrawal and guarantees. Hiding this information or presenting it in illegible text can void clauses or lead to fines. Other key points: refund conditions, delivery times, liability for transport damage and the two-year legal guarantee.