{"id":1070,"date":"2026-01-21T09:42:11","date_gmt":"2026-01-21T09:42:11","guid":{"rendered":"https:\/\/www.polimeni.legal\/en\/?p=1070"},"modified":"2026-01-22T09:47:24","modified_gmt":"2026-01-22T09:47:24","slug":"opening-an-online-e-commerce-business-a-guide-to-the-required-legal-framework","status":"publish","type":"post","link":"https:\/\/www.polimeni.legal\/en\/articoli\/news\/opening-an-online-e-commerce-business-a-guide-to-the-required-legal-framework\/","title":{"rendered":"Opening an online e-commerce business: a guide to the required legal framework"},"content":{"rendered":"\n<p>Opening an online e-commerce business is often described as a simpler and more immediate alternative to starting a physical shop or a traditional commercial activity. It may appear that choosing a platform, uploading products and activating a payment method is enough to start selling.<\/p>\n\n\n\n<p>One of the most common misconceptions concerns the distinction between <strong>occasional sales and structured e-commerce activity<\/strong>. Once sales are organised, continuous and aimed at generating profit, the size of the project or the initial number of orders becomes irrelevant.<\/p>\n\n\n\n<p>At that point, an online sales activity is being carried out and, as such, it must be <strong>correctly classified and regulated<\/strong>. This applies equally to those selling physical goods, offering digital services, providing consultancy, running courses or distributing downloadable content. The channel may differ, but the contractual relationship with the customer remains the same.<\/p>\n\n\n\n<p>The reality is that behind every online sales activity there is a genuine <strong>entrepreneurial project<\/strong>, governed by precise rules, legal responsibilities and an organisational structure that must be carefully planned before even drafting the first product description.<\/p>\n\n\n\n<p>Opening an e-commerce store therefore places the operator fully within the scope of <strong>commercial activity<\/strong>, with fiscal, regulatory and organisational obligations that must be addressed methodically, carefully and, where necessary, with professional support.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">VAT registration and legal structure<\/h2>\n\n\n\n<p>Opening an online e-commerce business first requires <strong>registration for VAT<\/strong>. The choice of legal form depends on several factors, including the type of products sold, expected investment levels, risk exposure and growth prospects.<\/p>\n\n\n\n<p>A sole trader structure may be sufficient at the outset, while more complex projects may require a different corporate structure, such as a <strong>limited liability company (S.r.l. or S.r.l.s.)<\/strong>.<\/p>\n\n\n\n<p>E-commerce activity must also be assessed in terms of <strong>tax and asset sustainability<\/strong>, not merely potential turnover.<\/p>\n\n\n\n<p>In addition to the legal structure, the <strong>ATECO code<\/strong> must be carefully selected. In Italy, several ATECO codes may be applicable to online businesses; however, the most commonly used is <strong>47.91.10<\/strong>, which covers retail trade of products carried out via the internet.<\/p>\n\n\n\n<p>This ATECO code applies to various types of physical or digital goods sold through websites or marketplaces. Nevertheless, professional advice from an accountant is recommended where a more specific code may be required depending on the nature of the products sold.<\/p>\n\n\n\n<p>Once the legal structure has been chosen, the ATECO code identified and the VAT number opened, it is necessary to <strong>register with the Companies Register at the competent Chamber of Commerce<\/strong> and to submit a <strong>SCIA (Certified Notice of Commencement of Activity)<\/strong> to the SUAP of the relevant municipality.<\/p>\n\n\n\n<p>After completing these administrative steps, the business can begin operating from a fiscal perspective, while carefully managing the applicable regulatory framework to ensure that sales are lawful and the relationship with customers remains transparent.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Regulatory framework and consumer protection obligations<\/h2>\n\n\n\n<p>Selling online means operating within a regulatory framework that provides <strong>enhanced protection for consumers<\/strong>. This directly affects both website structure and the information that must be made available.<\/p>\n\n\n\n<p>An online e-commerce website must display mandatory information and links, typically within the footer. Italian law requires the following details:<\/p>\n\n\n\n<ul>\n<li>Company or professional details, including business name, registered office, VAT number, tax code (where applicable), competent office and REA registration number<\/li>\n\n\n\n<li>For limited companies (such as S.r.l. or S.p.A.), pursuant to Article 2250 of the Italian Civil Code, the <strong>paid-up share capital<\/strong> as shown in the latest approved financial statements must also be indicated (not necessarily in the footer)<\/li>\n\n\n\n<li>Hyperlinks to the <strong>Privacy Policy<\/strong>, <strong>Cookie Policy<\/strong> and <strong>General Terms and Conditions of Sale<\/strong><\/li>\n<\/ul>\n\n\n\n<p>These details and links are mandatory and serve both to ensure the legality of the sale and to provide consumers with all necessary information before deciding whether to make a purchase.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Terms and Conditions of Sale<\/h2>\n\n\n\n<p>Every e-commerce business must provide a <strong>Terms and Conditions of Sale<\/strong> page drafted in compliance with the <strong>Italian Consumer Code (Legislative Decree no. 206\/2005)<\/strong>, which governs distance contracts and establishes mandatory information requirements designed to protect consumers.<\/p>\n\n\n\n<p>In addition to the Consumer Code, the provisions of the <strong>Italian Civil Code<\/strong> relating to contract formation and <strong>Legislative Decree no. 70\/2003 on electronic commerce<\/strong> also apply.<\/p>\n\n\n\n<p>The Terms and Conditions must include, at a minimum:<\/p>\n\n\n\n<ul>\n<li>Business name and VAT number<\/li>\n\n\n\n<li>Registered office and contact details<\/li>\n\n\n\n<li>Description of products or services sold, including technical specifications, certifications and any usage limitations<\/li>\n\n\n\n<li>Payment terms and accepted payment methods<\/li>\n\n\n\n<li>Withdrawal and return conditions<\/li>\n\n\n\n<li>Legal warranty provisions<\/li>\n\n\n\n<li>Terms of use, behavioural rules, restrictions and usage licences where applicable<\/li>\n\n\n\n<li>Prices, additional costs and delivery charges, if any<\/li>\n\n\n\n<li>Contract formation procedures and order management<\/li>\n\n\n\n<li>Information on alternative dispute resolution mechanisms, as required by EU legislation<\/li>\n<\/ul>\n\n\n\n<p>Each e-commerce business must therefore adopt <strong>Terms and Conditions tailored to its specific business model<\/strong>, products or services and operational procedures.<\/p>\n\n\n\n<p>The use of generic templates or documents copied from other websites exposes sellers to legal and operational inconsistencies that may lead to disputes, complaints or sanctions over time.<\/p>\n\n\n\n<p>The Consumer Code also requires contractual clauses to be drafted in a <strong>clear and comprehensible manner<\/strong>, avoiding ambiguity or wording that could be deemed unfair.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Privacy Policy and Cookie Policy<\/h2>\n\n\n\n<p>The <strong>Privacy Policy and Cookie Policy<\/strong> are legally mandatory pages, as they inform users about how personal data is processed.<\/p>\n\n\n\n<p>The Privacy Policy must clearly explain how personal data entered during the purchasing process is collected, used and stored, the purposes and legal bases of processing, and the rights granted to data subjects under applicable legislation.<\/p>\n\n\n\n<p>It must also identify the <strong>Data Controller<\/strong>, any <strong>Data Processors<\/strong>, and, where applicable, the <strong>Data Protection Officer (DPO)<\/strong>.<\/p>\n\n\n\n<p>A properly drafted Privacy Policy protects users but is also essential for the website owner, as it demonstrates compliance with the principles set out in Article 5 of the GDPR, including lawfulness, fairness and transparency.<\/p>\n\n\n\n<p>Cookies are among the primary online tracking and data collection tools. Some are strictly necessary for website operation, while others serve analytical, functional or marketing purposes.<\/p>\n\n\n\n<p>All tracking tools, including third-party services such as analytics platforms, must be clearly disclosed within the Cookie Policy. Users must be informed in a clear and accessible manner so they can make an informed choice about whether to accept full tracking or only essential cookies.<\/p>\n\n\n\n<p>In addition to these policies, the installation of a <strong>cookie consent banner<\/strong> is required to comply with the GDPR. The banner must be correctly configured, offer genuine choice and provide direct access to the full Privacy and Cookie Policies.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Payments and invoicing<\/h2>\n\n\n\n<p>In online commerce, trust is built not only through website design or product quality, but also through the most sensitive stage of the purchasing process: <strong>payment<\/strong>.<\/p>\n\n\n\n<p>EU legislation has strengthened digital transaction security through the <strong>PSD2 Directive (Payment Services Directive 2)<\/strong>, aimed at increasing consumer protection, enhancing payment security and fostering innovation through competition.<\/p>\n\n\n\n<p>One of the most significant aspects of PSD2 is <strong>Strong Customer Authentication (SCA)<\/strong>, which generally requires two-factor authentication for online payments.<\/p>\n\n\n\n<p>PSD2 has also paved the way for <strong>open banking<\/strong>, allowing third-party providers to offer payment initiation (PIS) and account information services (AIS) with user consent. For e-commerce businesses, this means the ability to offer alternative payment methods beyond traditional card payments, often perceived as faster and more transparent.<\/p>\n\n\n\n<p>Alongside payment regulations, consumer protection rules require clarity regarding prices, additional costs, payment methods and refund procedures. Transparency is not a formal detail but a key factor affecting user experience. Unexpected charges or unclear conditions are among the main causes of cart abandonment.<\/p>\n\n\n\n<p>As for invoicing, invoices must be issued and transmitted through the <strong>Italian Revenue Agency\u2019s Interchange System (SDI)<\/strong> for transactions between VAT-registered entities (B2B). The system verifies mandatory fiscal data such as issue date, sequential numbering, description of goods or services, taxable amount, VAT and customer details.<\/p>\n\n\n\n<p>For transactions with final consumers (B2C), invoicing is not mandatory unless expressly requested by the customer.<\/p>\n\n\n\n<p>Secure payments, regulatory compliance and clear processes are essential elements of a <strong>solid, credible and scalable e-commerce business<\/strong>, reducing friction and avoiding unpleasant surprises for both buyers and sellers.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Why legal and administrative compliance comes first<\/h2>\n\n\n\n<p>Before launching an e-commerce website, building the platform and uploading products with prices and descriptions, it is essential to carefully assess the <strong>laws and regulations governing the sector<\/strong> and to complete all necessary administrative procedures.Addressing these aspects in advance ensures that the commercial activity operates lawfully and allows the business to start selling <strong>with confidence and without unnecessary legal risk<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Opening an online e-commerce business is often described as a simpler and more immediate alternative to starting a physical shop or a traditional commercial activity. It may appear that choosing a platform, uploading products and activating a payment method is enough to start selling. One of the most common misconceptions concerns the distinction between occasional [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1071,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"slim_seo":[],"footnotes":""},"categories":[10],"tags":[26,20,23,21,25,19,24,22],"meta_box":{"page-header-img":{"width":150,"height":150,"file":"2026\/01\/GPSR-34.png","filesize":3430899,"sizes":{"medium":{"file":"GPSR-34-300x188.png","width":300,"height":188,"mime-type":"image\/png","filesize":46431,"url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34-300x188.png"},"large":{"file":"GPSR-34-1024x640.png","width":1024,"height":640,"mime-type":"image\/png","filesize":389189,"url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34-1024x640.png"},"thumbnail":{"file":"GPSR-34-150x150.png","width":150,"height":150,"mime-type":"image\/png","filesize":20917,"url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34-150x150.png"},"medium_large":{"file":"GPSR-34-768x480.png","width":768,"height":480,"mime-type":"image\/png","filesize":230164,"url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34-768x480.png"},"1536x1536":{"file":"GPSR-34-1536x960.png","width":1536,"height":960,"mime-type":"image\/png","filesize":860127,"url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34-1536x960.png"}},"image_meta":{"aperture":"0","credit":"","camera":"","caption":"","created_timestamp":"0","copyright":"","focal_length":"0","iso":"0","shutter_speed":"0","title":"","orientation":"0","keywords":[]},"ID":"1065","name":"GPSR-34.png","path":"\/home\/polimeni\/web\/polimeni.webdraft.co.it\/public_html\/wp-content\/uploads\/2026\/01\/GPSR-34.png","url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34-150x150.png","full_url":"https:\/\/www.polimeni.legal\/en\/wp-content\/uploads\/2026\/01\/GPSR-34.png","title":"starting-an-ecommerce-online-guide-to-required-steps-polimeni-legal","caption":"","description":"","alt":"Person managing an e-commerce business on a laptop while preparing shipping boxes, representing the launch of an online store and the operational and legal aspects of digital selling - Polimeni.Legal","srcset":false},"page-header-desc":"","page-indice":"1"},"_links":{"self":[{"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/posts\/1070"}],"collection":[{"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/comments?post=1070"}],"version-history":[{"count":1,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/posts\/1070\/revisions"}],"predecessor-version":[{"id":1072,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/posts\/1070\/revisions\/1072"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/media\/1071"}],"wp:attachment":[{"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/media?parent=1070"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/categories?post=1070"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.polimeni.legal\/en\/wp-json\/wp\/v2\/tags?post=1070"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}