What we need to know about the new code of conduct in e-commerce

The protection and protection of consumers in the era of online shopping is at the heart of the “Code of Conduct” for e-commerce, which was signed yesterday. The Code sets out the general principles and defines the minimum rules of professional ethics and ethical behavior that businesses must observe towards consumers. It is a voluntary commitment document, prepared under the supervision of the General Secretariat of Commerce and Consumer Protection with the assistance of a number of bodies, including SEPE, as well as representatives of consumer organizations.

The Code of Conduct will constitute the necessary framework for serving consumers, electronic dispute resolution, the protection of personal data and the security of transactions for online purchases. The Code, among other things, protects consumer rights that are essential in the era of electronic shopping. For example, it is provided that the consumer has an inalienable right to withdraw from his purchase without justification and without penalty. Specifically, as the Code states, before the consumer is contractually bound, the supplier must inform him, in a clear, concise and understandable manner, in his language, of his right to withdraw without justification and without penalty, within the legally prescribed period of 14 days, which begins from the time point determined each time by law. He must also inform about the terms, conditions, exceptions and the procedure for exercising the right of withdrawal, as well as about the consequences of exercising it, taking into account the particularity of each product and service.

Provisions
Among other things, the Code provides that the business must ensure pre-contractually the possibility of out-of-court resolution of any disputes. Also, the terms of service after the sale, any commercial guarantees (content, duration and territorial scope) and the seller's liability for actual defects. Furthermore, it is provided that the terms of the service provision or sale of products contract must be posted on the business's website, in a place that the consumer can easily access.

In the meantime, as noted in cases of submission of an order request by the consumer, the business is obliged to immediately deliver/send proof of receipt of the order request, which must clearly indicate the date of receipt and confirmation thereof.

Furthermore, it is provided that, under the responsibility of the business, it is made clear to the consumer the time at which the contract is deemed to have been concluded. After the conclusion of the contract, the business must refrain from any action that entails a modification of its terms, in particular to modify the price or to inform about the unavailability of the ordered product or ordered service.

The staff of businesses in the e-commerce sector who come into contact with consumers for the provision of services or the sale of products must be fully informed of the above and answer the reasonable questions of consumers with clarity and accuracy.

Transaction security
On the major issue of security, the Code provides that businesses take care of the security of transactions carried out using Information and Communication Technologies (ICT). In this context, companies make every effort to use the appropriate tools to provide the necessary security for the electronic transactions they collect and process. They must also use the appropriate technical and organizational measures to ensure the confidentiality of the data they collect and process to the extent legally required and in accordance with the nature of the products and services they provide.

Data Protection
Furthermore, they must have and implement an understandable, truthful, legal, easily accessible and up-to-date Personal Data Protection Policy and inform consumers, as required by the relevant legislation and the instructions of the Personal Data Protection Authority regarding this Personal Data Protection Policy.

Reference is made in particular to the use of “all types of cookies”, the installation of which should be carried out after appropriate information to the consumer and on the basis of his consent, in accordance with the law and the relevant instructions of the Personal Data Protection Authority.

In case of non-consent/acceptance of “cookies”, businesses allow, if technologically feasible, the continued use of the website by the consumer, without sending cookies.

Source: sepe.gr