Best E-commerce & Internet Law Lawyers in Gondomar

About E-commerce & Internet Law Law in Gondomar, Portugal

E-commerce and internet activities in Gondomar operate within the broader Portuguese and European Union legal framework. While Gondomar is a municipality in the Porto district, the rules that apply to online shops, marketplaces, and digital services are set primarily by EU regulations and Portuguese national laws. Local particularities are mostly practical, such as consumer dispute resolution options in the Porto region and municipal support services for entrepreneurs.

Key themes include consumer protection on distance sales, data protection and cookies, advertising and pricing practices, platform and intermediary liability, electronic contracting, payments and invoicing, product safety, and intellectual property. Oversight and enforcement typically involve national bodies such as ASAE for market surveillance and consumer law, CNPD for data protection, and the tax authority for invoicing and VAT. Nearby consumer arbitration entities serve Gondomar residents and traders for swift dispute resolution.

Why You May Need a Lawyer

- Setting up an online store or marketplace and drafting compliant terms and conditions, privacy and cookie policies, and returns procedures.

- Reviewing marketing plans, promotions, influencer collaborations, and email or SMS campaigns to comply with advertising and anti-spam rules.

- Implementing GDPR compliant data practices, cookies consent mechanisms, and handling cross-border data transfers and vendor contracts.

- Structuring cross-border sales, VAT and invoicing processes, and deciding whether to use OSS or IOSS for EU VAT simplification.

- Responding to consumer complaints, managing chargebacks, and navigating alternative dispute resolution or court procedures.

- Advising on Digital Services Act obligations for online platforms, including trader traceability, notice-and-action workflows, and transparency duties.

- Protecting brands and content through trademarks, copyrights, and dealing with counterfeit goods, takedowns, and domain name disputes.

- Handling cybersecurity incidents and data breaches, including the 72-hour notification window to CNPD and communications to affected individuals.

- Ensuring accessibility and product safety compliance, including the EU Accessibility Act obligations from 2025 and online product safety rules.

- Aligning with packaging and environmental extended producer responsibility when placing packaged products on the Portuguese market.

Local Laws Overview

- Distance sales and e-commerce formation: Decree-Law 7/2004 sets core e-commerce rules and implements the EU e-commerce directive. Decree-Law 24/2014 governs distance and off-premises contracts, including pre-contract information duties, the 14-day right of withdrawal, and refund mechanics.

- Consumer rights and warranties: Decree-Law 84/2021 updates legal guarantees for consumer goods and for digital content and services, reflecting EU directives 2019-770 and 2019-771.

- Unfair practices and advertising: Decree-Law 57/2008 tackles unfair commercial practices. The Advertising Code (Decree-Law 330/90) sets advertising standards. Disclosures for influencer marketing and clear identification of commercial content are expected under these regimes and self-regulatory standards.

- Price promotions and the Omnibus changes: Portugal transposed the EU Omnibus Directive via Decree-Law 109-G/2021. When announcing a price reduction, traders must show the prior lowest price applied during at least the previous 30 days. The Omnibus changes also cover online marketplace transparency and review authenticity claims.

- Data protection and cookies: GDPR applies, complemented by Law 58/2019. Cookie rules stem from Law 41/2004. Non-essential cookies require prior, informed, opt-in consent. CNPD guidance influences how cookie banners and consent design must operate.

- Payments and security: PSD2 is transposed by Decree-Law 91/2018, requiring strong customer authentication for online payments. Payment providers are regulated by Banco de Portugal.

- Intermediary liability and platforms: Decree-Law 7/2004 contains safe harbors for mere conduit, caching, and hosting. The EU Digital Services Act applies directly and introduces duties for all online intermediaries and special obligations for marketplaces and larger platforms, including single point of contact, notice-and-action, and trader KYC for marketplaces.

- Electronic signatures and trust services: The eIDAS Regulation applies directly in Portugal. Qualified electronic signatures have legal equivalence to handwritten signatures, useful for B2B digital contracting.

- Complaints and ADR: Law 144/2015 requires traders to inform consumers about certified ADR entities that cover their sector and geographic area, and whether the trader is bound to them. Online traders based in Portugal must provide access to the Electronic Complaints Book under Decree-Law 156/2005 and related regulations.

- Tax and invoicing: The Portuguese Tax Authority mandates certified invoicing software, SAFT-PT files, and the use of QR codes and ATCUD codes on invoices. VAT rules include EU OSS and IOSS regimes for cross-border sales. B2G e-invoicing is mandatory when selling to public entities.

- Product safety and online offers: The EU General Product Safety Regulation 2023-988 applies to non-food consumer products and strengthens online obligations, including recall communications and marketplace cooperation. ASAE is the key market surveillance authority.

- Intellectual property and domains: Trademarks and designs fall under the Industrial Property Code (Decree-Law 110/2018) and are administered by INPI. Copyright is governed by the Portuguese Copyright Code. .pt domain names are managed by DNS.PT with specific registration and dispute rules.

- Accessibility: The EU Accessibility Act 2019-882 applies from 28 June 2025 to certain products and services, including e-commerce interfaces, with national implementation measures. Businesses should plan audits and remediation for websites and mobile apps.

- Geo-blocking: The EU Geo-blocking Regulation 2018-302 restricts unjustified geo-discrimination based on nationality, residence, or location within the EU.

- Environmental obligations: Businesses placing packaging on the market must comply with extended producer responsibility under Decree-Law 152-D/2017, typically by joining a take-back scheme and meeting labeling and reporting duties.

- Local context: Gondomar traders typically fall under the Porto regional consumer arbitration center for ADR. Municipal services can provide guidance on company licensing and general business formalities, but the core e-commerce rules are national and EU-wide.

Frequently Asked Questions

Do I need a Portuguese company to sell online to customers in Gondomar

No. You can sell cross-border into Portugal if you comply with EU and Portuguese consumer, tax, and data protection rules and if you target Portuguese consumers. However, establishing a Portuguese company may simplify VAT registration, invoicing, logistics, employment, and consumer relations if Portugal is a main market. Seek tax and corporate advice before deciding.

What information must my website show about my business

Your site must clearly identify the trader name, legal form, headquarters or address, email and a second contact such as a phone number, trade registry and share capital if applicable, Portuguese VAT number if established in Portugal, prices including VAT and fees, key contract steps, delivery costs and times, right of withdrawal information, complaint mechanisms including the Electronic Complaints Book, and ADR information under Law 144/2015.

What are the rules for returns and refunds on distance sales

Consumers have a 14-day right of withdrawal without stating a reason under Decree-Law 24/2014. You must inform them of this right and provide a model form. Refunds must be made within 14 days of receiving the withdrawal notice but may be withheld until goods are received back or the consumer provides proof of return. Some items are excluded such as sealed goods not suitable for return for health or hygiene once unsealed, personalized items, and digital content supplied with prior consent. You must reimburse the initial standard delivery cost but the consumer may bear return shipping if disclosed in advance.

How should I handle cookies and tracking

Only strictly necessary cookies can be set without consent. All analytics, advertising, and social media cookies require prior opt-in consent that is granular, informed, and freely given. Pre-ticked boxes are invalid. Users must be able to refuse as easily as accept and change choices at any time. Keep records of consent and align your cookie policy and CMP with CNPD guidance.

What should my terms and conditions and privacy policy include

Terms and conditions should cover identity of the trader, product descriptions, pricing and taxes, delivery times and costs, payment methods, formation of contract and ordering steps, right of withdrawal and returns process, warranties and after-sales support, applicable law and jurisdiction, and ADR information. The privacy policy must explain data categories, purposes, legal bases, retention periods, data sharing including processors and transfers, user rights, contact details of the controller and DPO if applicable, and cookie practices.

Can I send marketing emails or SMS to customers without consent

Electronic direct marketing generally requires prior opt-in consent from the recipient. A limited soft opt-in may be available for existing customers for similar products, provided you offered a clear opt-out at collection and in every message. Always identify the sender, avoid misleading subject lines, and honor opt-outs promptly. Keep consent logs for accountability.

What are the rules for price promotions and Black Friday campaigns

When you announce a price reduction, you must display the prior lowest price applied during at least the last 30 days. Strikethrough prices and messages like percent off must refer to that prior lowest price. Keep internal price history evidence to substantiate claims. Misleading scarcity or countdown tactics can be considered unfair practices.

How does the Digital Services Act affect my online shop or marketplace

If you run a simple online shop, the DSA impact is modest such as transparency in terms and complaint handling. If you operate a marketplace, you must verify trader information, provide notice-and-action for illegal content, and publish annual transparency reports proportionate to your size. Very large online platforms have additional obligations, but most SMEs are not in that category.

What are my invoicing and VAT obligations when selling online in Portugal

Issuing compliant invoices is mandatory. If established in Portugal you must use certified invoicing software, include QR code and ATCUD codes, and submit SAFT-PT files. Apply the correct VAT rate, consider EU OSS for intra-EU B2C supplies, and IOSS for low-value imports. Keep proper records for 10 years for VAT audit purposes and display prices inclusive of VAT to consumers.

Do I need to join an alternative dispute resolution center

You must inform consumers about the ADR entities that are competent for your area and sector and state whether you are bound or willing to use them. Joining is not universally mandatory but is common and can reduce costs and time compared to courts. For Gondomar and the Porto district, the regional consumer arbitration center is usually the reference ADR entity.

Additional Resources

- ASAE Autoridade de Seguranca Alimentar e Economica for market surveillance, e-commerce inspections, and enforcement of consumer law.

- CNPD Comissao Nacional de Protecao de Dados for GDPR oversight, guidance, and breach notifications.

- Direcao-Geral do Consumidor for consumer policy, Omnibus directive guidance, and ADR information.

- Centro de Informacao de Consumo e Arbitragem do Porto for consumer ADR covering the Porto district including Gondomar.

- Autoridade Tributaria e Aduaneira for VAT registration, invoicing rules, SAFT-PT, ATCUD, and OSS or IOSS information.

- Banco de Portugal for PSD2, payment services, and strong customer authentication guidance.

- ANACOM for electronic communications rules that may affect online services and consumer communications.

- INPI Instituto Nacional da Propriedade Industrial for trademarks, designs, and IP protection.

- DNS.PT Association for .pt domain name registration policies and dispute procedures.

- Centro Nacional de Ciberseguranca for cybersecurity guidance and incident preparedness.

- Agencia Portuguesa do Ambiente and licensed packaging waste schemes for extended producer responsibility on packaging.

- Camara Municipal de Gondomar and local entrepreneurship offices for business setup guidance and local support programs.

Next Steps

- Map your model: clarify whether you run a single-brand shop, a multi-vendor marketplace, or provide digital services, and list your target markets.

- Audit compliance: review website notices, terms and conditions, privacy and cookie policies, checkout flows, pricing and promotions, logistics, and customer support scripts against the laws outlined above.

- Align data practices: catalogue personal data, update records of processing, sign processor agreements, implement a compliant cookie banner, and set a breach response plan with a 72-hour CNPD notification workflow.

- Fix payments and invoicing: configure PSD2 compliant payment flows, verify VAT rates, enable certified invoicing software if established in Portugal, and prepare SAFT-PT and ATCUD processes.

- Prepare consumer processes: document the right of withdrawal handling, warranty repairs or replacements, complaint handling including the Electronic Complaints Book, and ADR information displayed on your site.

- Secure IP and domains: register trademarks where needed, review marketplace brand protection tools, and safeguard your .pt domain and related subdomains.

- Plan for DSA and safety: if you host third-party listings, implement trader verification and notice-and-action, and align with product safety and recall obligations.

- Address accessibility: schedule an accessibility audit of your site and app to meet the EU Accessibility Act requirements that apply from 28 June 2025.

- Engage a lawyer: consult an e-commerce and internet law lawyer familiar with Portuguese and EU rules and the Porto region ADR landscape. Bring your policies, site screenshots, platform roles, vendor contracts, and marketing plans for an efficient review.

- Monitor changes: keep a regulatory watch on CNPD guidance, ASAE practices, tax authority updates on invoicing, and evolving EU rules impacting online traders.