Ensuring Business Continuity: Legal Precautions Every Online Retailer Should Consider


The online retail business model is more flexible and easier to manage than traditional brick-and-mortar stores. You don’t have to hire salespeople, there’s no need to pay rent for a storefront, and you don’t have to worry about the physical safety of your store or employees (to name a few perks).


However, owning an online retail business isn't all cotton candy and unicorns. As Michael Kelly suggests, there are still plenty of things to worry about, including a wider range of legal issues. But with a bit of foresight and planning, you can sidestep most pitfalls.


Let's get practical. Think about your online store as more than just a digital marketplace; it’s an entity bound by constantly evolving laws and regulations. Also, your business data and your customers' data are under constant threat.


How do you stay ahead? By understanding key legal and security precautions that shield your venture from harm. 


Let's delve deeper into these strategies so that every step taken ensures smooth sailing for your online retail operations.

Data Protection and Privacy Regulations

As an online retailer, you’re handling sensitive customer information daily (addresses, credit card details, browsing habits, and so on). One slip, and you could be facing not only the wrath of your customers but also substantial fines.


To keep your business (and money) safe, familiarize yourself with the legal framework that regulates how online businesses should handle sensitive data. 


For instance, in Europe, there’s the General Data Protection Regulation (GDPR). GDPR mandates that you obtain explicit consent before collecting personal data. You should also only collect the data necessary for your purpose. In case of a data breach, you have the obligation to notify authorities within 72 hours of becoming aware of the problem if it poses a risk to user rights and freedoms.


In the U.S., laws like the California Consumer Privacy Act (CCPA) require businesses to inform consumers about their data collection practices and offer opt-out options. 

How to Stay Compliant

Start by implementing robust security measures such as encryption and two-factor authentication to protect your data from prying eyes.


Additionally, ensure that employees are trained to handle sensitive information securely. Educate them on the latest cybersecurity threats and best practices. Create straightforward guidelines for handling customer data securely, including procedures for access, storage, and sharing sensitive information.


Lastly, ensure every team member knows what steps to take immediately if they suspect a data breach or encounter any security issue.

ADA Compliance for Online Retailers

According to a Bradley Law firm representative, a large number of personal injuries occur because physical stores don’t make sure they are in line with ADA regulations. 


According to Americans with Disabilities Act (ADA) guidelines, physical stores must ensure accessibility for all customers, including those with disabilities. This includes providing ramps or elevators, clear signage, wide aisles, accessible restrooms, and service counters at appropriate heights.


So, what does this all have to do with an online store?


We’re glad you asked! ADA compliance isn’t just for physical stores. Online retailers must ensure their websites are accessible to everyone, including individuals with disabilities. According to a recent industry report, 94% of the largest e-commerce sites do not respect ADA requests.


If your online properties (websites, land pages, e-commerce stores, or online shopping apps) are not compliant, your company may get in trouble. 

How to Stay Compliant

Implement various accessibility options that allow people with disabilities to navigate your online properties. 


For instance, people with mobility impairments tend to use keyboard shortcuts to navigate online. Also, make sure your site has alt text for images so screen readers can describe visuals to users with visual impairments. 

Clear Terms of Service and Refund Policies

Terms of Service (TOS) and refund policies are crucial for any retailer. They set expectations, reduce misunderstandings, and provide legal protection.


First, ensure your TOS is easy to understand. Avoid legal jargon; use straightforward language so customers know their rights and obligations. Include details about payment methods, order processing times, shipping information, and how personal data is handled.


Refund policies need equal clarity. Outline the conditions under which returns are accepted, such as:


  • timeframes (e.g., 30 days), 

  • item condition requirements (unused or original packaging), 

  • proof of purchase.


Also, specify any non-returnable items clearly to avoid confusion later.


Transparency helps build trust with customers who appreciate knowing what to expect if something goes wrong with their order. Offer multiple contact options for customer service inquiries regarding refunds or issues related to TOS violations - email support might not suffice in urgent cases.

Wrap Up

The landscape of online retail regulations is constantly changing, so it’s important to be able to anticipate changes before they impact your business. 


Adapting to these shifts requires a proactive strategy that involves staying informed about legislative updates and consulting with legal experts in e-commerce law. By preparing for these future regulations now, you can avoid costly penalties, keep your operations smooth, and maintain customer trust in a changing market.