Publication date: 14.09.2024
How to open an online store in Poland: lawyer's consultation
Starting an online store in Poland can be a profitable business, but it requires careful preparation and a deep understanding of local legislation. In this article, we will take a closer look at the main steps and legal aspects of setting up a successful online business in Poland, relying on the expert knowledge and experience of specialists.
Choosing an organizational and legal form
Before registering an online store, it is crucial to decide on the legal form of your business. In Poland, there are several options, each of which has its own advantages and peculiarities:
The main forms of doing business in Poland are.
- Individual entrepreneurial activity
- Limited liability company (Sp. z o.o.)
- Joint stock company (S.A.)
- General partnership
- Limited partnership
The choice of form depends on the scale of your business, the number of founders, development plans, and other factors. For beginners, a sole proprietorship or an LLC is most often recommended. Our legal analysis service will help you make the right choice based on the specifics of your business.
Question
What are the advantages of a limited liability company for an online store in Poland?
Answer
A limited liability company (Sp. z o.o.) has a number of significant advantages for an online store in Poland. This form limits the liability of owners to the amount of their contributions, which effectively protects personal property from business risks. Sp. z o.o. also ensures greater trust of customers and partners, facilitates attracting investments and expanding business. In addition, this form allows you to optimize taxation and provides flexibility in company management, which is especially important for a dynamic online business.
Business registration
After choosing an organizational and legal form, you need to register your business. This process includes several important stages:
The main stages of business registration in Poland are.
- Submitting an application for registration to the relevant authority
- Obtaining a NIP number (tax identification number)
- Registration in the ZUS social security system
- Opening a bank account for business
- Registration with the statistical office to obtain a REGON number
To successfully complete these steps, we recommend using the legal analysis of the documents service. The service of lawyer's consultation will help you avoid mistakes and significantly speed up the registration process.
Requirements for an online store
An online store in Poland must meet certain legal requirements that ensure transparency and consumer protection:
Availability of a detailed privacy policy and terms of use of the website
Clear indication of prices, including VAT and shipping costs
Information on the consumer's right to return the goods within 14 days
Full contact details of the company, including physical address and registration number
Description of the complaint procedure and handling
To ensure full compliance with these requirements, it is recommended to use the service of a legal opinion of a lawyer or apply for the service of a lawyer online.
Taxation of an online store
The taxation of an online store in Poland depends on the chosen legal form and the volume of sales. The main taxes that your business will face are:
- Corporate income tax (CIT) or personal income tax (PIT)
- Value added tax (VAT)
- Social security contributions
- Local taxes and fees
To optimize taxation and avoid potential mistakes, you should use the service of a legal opinion of a lawyer or order a legal analysis of a situation from an experienced specialist.
Personal data protection
Poland, like other EU countries, has a strict General Data Protection Regulation (GDPR). For an online store, this means that you need to implement a number of important measures:
- Obtaining clear and informed consent from users to process personal data
- Ensuring reliable security of data storage and transmission
- Providing users with the right to access, correct and delete their data
- Appointment of a data protection officer (DPO) in case of large-scale data processing
- Regularly auditing and updating data protection policies
Failure to comply with the GDPR can result in significant fines and reputational damage. Therefore, it is strongly recommended that you seek legal analysis of the documents from a data protection specialist.
Question
What are the consequences of not complying with the GDPR in an online store?
Answer
Failure to comply with the GDPR requirements in an online store can lead to serious consequences. First of all, these are significant financial penalties, which can reach up to 20 million euros or 4% of the company's global annual turnover, whichever is higher. In addition, a breach may result in a loss of customer confidence, significant damage to brand reputation, and potential lawsuits from individuals whose data protection rights have been violated. This could negatively impact the business, leading to a loss of customer base and a significant decrease in revenue. There may also be restrictions on data processing, which may paralyze the operation of the online store.
Choosing payment systems
For the successful operation of an online store in Poland, it is crucial to provide convenient and diverse payment methods for customers. Let's consider the most popular options:
Common payment systems in Poland:*
- Bank transfers
- Payment cards (Visa, Mastercard)
- Electronic wallets (PayPal, Skrill)
- Local payment systems (BLIK, Przelewy24)
- Payment in cash upon delivery
- Mobile payments
When choosing payment systems, it is important to take into account the legal aspects of their use, transaction security, and compliance with GDPR requirements. It is recommended to order a legal due diligence service for a detailed analysis of contracts with payment providers and assessment of potential risks.
Logistics and delivery
Organizing an efficient delivery system is a key factor in the success of an online store. There are various options available in Poland, each of which has its own peculiarities:
- Using the services of the Polish national post office (Poczta Polska)
- Cooperation with private courier services (DPD, UPS, FedEx)
- Creating a network of pick-up points
- Organization of own delivery service
- Using the services of fulfillment centers
When choosing a delivery method, it is important to take into account the legal aspects of liability for the goods during transportation, delivery times and return procedures. The service of a lawyer in Poland will help to develop optimal conditions for the delivery and return of goods that comply with local legislation.
Consumer protection
Poland, like other EU countries, has strict consumer protection rules. An online store must provide:
The right to return goods within 14 days without giving any reason
Providing complete and accurate information about goods and services
Warranty service in accordance with the law
Quick and efficient resolution of customer complaints and claims
A clear procedure for withdrawal of goods and refunds
Failure to comply with these requirements may result in fines, lawsuits, and loss of reputation. To avoid problems, it is recommended to seek lawyer's consultation or order a legal opinion from an experienced specialist.
Marketing and advertising
Effective marketing is key to the success of an online store, but it is important to keep in mind the legal aspects of advertising in Poland:
- Compliance with the rules of fair competition
- Compliance of advertising materials with consumer protection legislation
- Correct use of personal data for marketing purposes
- Compliance with the rules for sending advertising messages
The service of a lawyer in Warsaw will help you develop a legally correct marketing strategy and avoid potential problems with regulators.
Starting an online store in Poland is a promising business with great potential, but it requires careful preparation and compliance with numerous legal requirements. From choosing an organizational and legal form to protecting customers' personal data, each aspect requires a professional approach and attention to detail. If you fail to address these issues properly, you risk facing serious fines, lawsuits, and loss of customer confidence, which can lead to business failure at the initial stage. Therefore, it is strongly recommended to seek professional legal consultation at every stage of setting up and running an online store in Poland. Legal Marketplace CONSULTANT offers a wide range of services, including a lawyer in Poland, a lawyer in Warsaw and online consultations, which will help you avoid risks and ensure the legal security of your business. Contact the professionals to ensure that your online store in Poland is not only profitable but also fully complies with all legal requirements, providing you with peace of mind and confidence in the future of your business.
