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E-COMMERCE IN SPANIEN
UND PORTUGAL
Rechtliche Grundlagen für
erfolgreiche Internet-Geschäfte
29.10.2020
HERZLICH WILLKOMMEN
IHRE ANSPRECHPARTNER AUF DERIBERISCHEN HALBINSEL
AußenwirtschaftsCenter Madrid
T +34 91 55 64 358
AußenwirtschaftsCenter Barcelona
T +34 93 29 22 378
AußenwirtschaftsCenter Lissabon
T +351 1 21 31 71 010
Weitere Infos
wko.at/aussenwirtschaft/es
wko.at/aussenwirtschaft/pt
2
PROGRAMM
15.00 – 15. 10 Uhr
15.10 – 15.25 Uhr
15.25 – 15.35 Uhr
15.35 – 15.50 Uhr
15.50 – 16.00 Uhr
BEGRÜSSUNG UND EINLEITUNG
ERNST KOPP
Wirtschaftsdelegierter in Madrid
E-COMMERCE IN SPANIEN – RECHTLICHER
ÜBERBLICK
KARL H. LINCKE, Rechtsanwalt
Mariscal & Abogados in Madrid
T +34 91 564 64 32
EINLEITUNG ZU PORTUGAL
ESTHER MACA
Wirtschaftsdelegierte Stv. in Lissabon
E-COMMERCE IN PORTUGAL – RECHTLICHE
ASPEKTE
RUI ALMEIDA, CEO
Moneris SGPS in Algés
T + 351 210 316 400
FRAGEN & ANTWORTEN
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eCommerce in Spanien
Rechtlicher Überblick
Karl H. Lincke, Rechtsanwalt & Abogado
Mariscal & Abogados
Gesetzeslage
Werbung
Steuern
Spanien / Kanarische Inseln
Gesetzeslage
• Verbraucherschutz
• B2B versus B2C
• Datenschutz
• AGB
Werbung
• Unlauterer Wettbewerb
• Einverständnis
• Opt-out Möglichkeiten
• Cookies
Steuern
• Mehrwertsteuer
• Körperschaftssteuer
• Steueridentnummer
Spanien / Kanarische Inseln
• Freihandelszone
• Mehrwertsteuer
• AIEM-Steuer
• Zollanmeldung
PORTUGAL
E-COMMERCE & MORE
Esther Maca
AußenwirtschaftsCenter Lissabon
Webinar 29.10.2020
FARFETCH - THE UNICORN THAT‘S NOT A MYTHInternational e-commerce platform for fashion - made in Portugal
PORTUGAL – E-COMMERCE & MORE
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SURGE IN E-COMMERCE DUE TO COVID
How does e-commerce in Portugal develop in 2020 (Portuguese – www.deepl.com for translation)
#Digital2020 report for Portugal, Jan. 2020: Data, trends and insights to understand how
Portuguese use the internet, mobile, social media and ecommerce.
European E-Commerce Report 2019
PORTUGAL – E-COMMERCE & MORE
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…not shown in reports from beginning of 2020
Quelle: European E-Commerce Report 2019
PORTUGAL – E-COMMERCE & MORE
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FÜR SIE DA
AußenwirtschaftsCenter Lissabon
Esther Maca, Wirtschaftsdelegierte Stv.Janete Baltazar, Senior Sector Managerin, unterstützt Sie bei Fragen rund um das Thema E-Commerce & more
T +351 21 317 10 [email protected] www.wko.at/aussenwirtschaft/pt
E-Commerce in Portugal
<
moneris.pt
Legal requirements fora successful online business
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1. Consumer protection law
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1. Consumer protection law
i2. Tax obligations
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3.Advertising on the internet
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4.Deliveries to Madeira and the Azores
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5. The e-commerce challenges for the future
i6. E-commerce trends in Portugal
iIndex
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1. Consumer protection law
Consumer rightsin Portugal:
Consumer rightsin EU:
• Portuguese constitution
• Consumer protection law
• Directive 2019/2161 of the European Parliament and of the Council of 27 November 2019 - new directive on consumer rights in online shopping
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1. Consumer protection law
Returns and guarantees
Digital content and tangible goods now
same rights and obligations
Repairs and returns of articles purchased over the internet and in a physical store
same rules
If digital content or service is defective, and if the problem cannot be resolved
consumer entitled to price reduction or full reimbursement
(within 14 days)
If the defect appears within one year of purchase
assumed that it already existed when the product or service was purchased
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1. Consumer protection law
Returns and guarantees
Continuous supply of services
obligation on the seller extends over the duration of the contract
Reversal of the burden of proof
the seller will haveto prove that the problem was not with the product or service
Guarantee:in the case ofsingle-purchase products
guarantee period may not be less than two years;
Change in the content with negative impact on the access/use of the product
the consumer is entitled to withdraw fromthe contract
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1. Consumer protection law
Right of withdrawal/cancellation
Right to return the goods purchased and to have the price refunded
Applicable togoods and services
Applicable only to professional sellers
(this right does not apply if the purchase is made from a private individual)
Applicable in any country of the EU where the electronic store is located
(including Iceland and
Norway )
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1. Consumer protection law
Right of withdrawal/cancellation
Cooling-off period for free termination of the contract:
• 14 (consecutive) days if the information is given to the consumer prior to the conclusion of the contract
• 1 year if the information has not been given to the consumer prior to the conclusion of the contract
• The period begins from the date of receipt of the goods by the consumer
The rules apply to purchases made over the internet, by telephone, by post and outside the business premises, in whatever form
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1. Consumer protection law
Online dispute settlement
An appropriate electronic platform, accessible over the internet, is available to the parties.
The e-platform enables contact between consumers and traders in order to seek a satisfactory understanding with the intervention of an alternative dispute resolution entity.
The ADR can also be contacted electronically via the same platform.
The European Consumer Centre has been designated to assist consumers in accessing the ADR entity of another Member State
and also to perform the function of the National Contact Point for the ODR
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1. Consumer protection law
Contractual obligations
In the case of a purchase made online, by telephone, mail order or catalogue or from a door-to-door seller, you are entitled to receive more detailed information before making the purchase, in particular:
Seller's e-mail address
Possible restrictionson delivery
Right tocancel
After-sales assistance services
Dispute settlement mechanisms
Seller's commercial registration number
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2. Tax obligations
VAT
• Extension of the scope of the VAT one-stop-shop to all operators
• Online platforms can now charge VAT on distance sales
• VAT will be paid in the Member State of the consumer
• Obligation to keep records made on electronic interfaces for 10 years
• The electronic interfaces enabling the sale of goods or services are jointly and severally liable for payment of the tax with the transferor of the goods or the service provider
Law 47/2020 of 24 August (transposition of Articles 2 and 3 of Council Directive (EU) 2017/2455 of 5 December 2017 and Council Directive (EU) 2019/1995 of 21 November 2019) - Comes into force from 1 January 2021
Expected changes in the EU:
• Exchange of financial information
• Implementation of the new VAT rules for e-commerce and financial reporting postponed by six months
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3. Advertising on the internet
Honest advertising is a right
Advertisements must provide accurate and sufficient information on the availability and composition of the product
False advertising misleads or is likely to mislead the people to whom it is addressed, and may contain exaggerated claims about the properties of the products
Prizes, gifts and free or limited offers are other tricks often used in advertising
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3. Advertising on the internet
Prohibited commercial practices
Misleading practices by action or by omission
Aggressive practices aimed at putting pressure on the consumer to buy a particular product
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3. Advertising on the internet
Prohibited commercial practicesSome examples:
Bait Advertising:products or services may not be advertised at a very low price if the seller does not have sufficient stock
False free offers:the actual price of products or services must be communicated and a service cannot be disguised as "free" or an additional "free" service offered when the actual cost of the alleged "free" services is already included in the normal price
Manipulation of children:the trader may not encourage your child to ask you to buy a product. Direct exhortations like "Buy the book now!" or "Ask your parents to buy you this game" are forbidden
False claims of therapeutic properties: the consumer is entitled to know whether these claims have been scientifically proven
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3. Advertising on the internet
Prohibited commercial practicesSome examples:
Advertorials:consumers have the right to know whether a newspaper, television or radio article has been sponsored by a company as a way of advertising its products
Pyramid:promotional systems in which the consumer financially participates in exchange for the possibility of receiving a reward
False promises of prizes and gifts: "free" prizes or gifts cannot be advertised if the recipient is then asked to pay to receive them
False "special" advantages:special rights cannot be offered when such consumer rights are already provided for by law
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4.Deliveries to Madeira and the Azores
• At least 28 Portuguese digital trading companies have been identified that do not make deliveries to Madeira
• Companies cannot create any kind of limitations within the same territory or any kind of differentiation between consumers, but there are no specific regulations to remedy this situation in Portuguese legislation
• Traders often refuse to sell or supply, for no objective reason, to customers in another region or Member State, or offer more advantageous prices to local customers
Unjustified geographical blocking and other forms of discrimination (Directive 2019/2161 of the European Parliament and of the Council) are not allowed:
Non-discrimination in purchases: in respect of the consumer's nationality or place of residence
Free access to electronic sites: traders may not block or restrict, by technological or other means, customers' access to their online interfaces or be redirected according to customers’ nationality, place of residence or place of establishment
Deliveries: the trader may not discriminate against the consumer when offering a delivery service or a place where the goods can be picked up if it provides services in the Member State where the consumer resides
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5. E-commerce challenges for the future
Security
An online store manages various types of sensitive customer information.
It is imperative that companies ensure the security of websites by protecting their customers’ data.
Shopping online is not perceived by Portuguese customers as being secure.
Few Portuguese e-shoppers believe that online stores protect their data and do not share it without permission.
There is a significant delay in the availability and adoption in Portugal of the most widely used means of payment for digital transactions at international level.
Although there are digital alternatives (MB Way, MB Net and contactless cards), services such as Amazon Pay, Apple Pay, Google Pay and Samsung Pay only arrived in 2019.
GDPR
Companies must respect all the procedures of this regulation, ensuring maximum transparency on the management of personal data
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5. E-commerce challenges for the future
Means of payment
In a market with constant new developments, it is important for companies to monitor the new means.
In addition to traditional methods of payment by credit card or bank transfer, it is important that companies look at digital means of payment, such as Mbway, and adapt to these new realities.
Product delivery
Consumers are increasingly demanding in terms of the logistical processes for delivering their order. It is important that the customer is able to find out the status and location of their order in real time. It is also essential that the product is delivered quickly.
Portugal is badly placed - 43rd out of 152 countries, mainly due to the "Postal Reliability Index” assessment criterion. This point was created by the Universal Postal Union (UPU) itself and combines four key components: range score; relevance score; resiliency score; reliability score.
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5. E-commerce challenges for the future
Multi-channel integration of sales
The concept of e-commerce 4.0 means that companies now need to evaluate and balance the various existing platforms (website, social networks, marketplace) so that they can reach their consumers
New technologies
As mobile grows and new technologies emerge, such as artificial intelligence and augmented intelligence, it is important that companies keep pace with technological developments and adapt them to their current situation.
The lack of scale and the need to allocate resources to other activities have put constraints to further investment in innovation.
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5. E-commerce challenges for the future
CRM and ERP integration
In order to offer the customer an increasingly relevant service and to analyse consumption profiles, it is important that the information is integrated into the ERP and CRM and that data is cross-referenced between them.
Legal obligations
In an ever-changing legal environment, it is important for companies to be aware of possible changes or limitations in the online sales process, as was the case with EU regulation 2018/302 which addresses unjustified geo-blocking
Digital and Financial Literacy
Domestic consumers have a high level of digital and financial illiteracy, which is in fact an obstacle to the development of e-commerce and the increase in internet use.
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6. E-commerce trends in Portugal
Increasing involvement and demands from online buyers
Increase in number of products, product categories, and spending per purchase by online buyers
Increased use of mobile devices to buy online
Increased use of PayPal and virtual cards
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6. E-commerce trends in Portugal
Growth in the number of orders received at the workplace or at home
Increase in the number of domestic purchases
Increasing ambition to open up online stores with international sales, focusing on the European and African markets
Mobile applications and Marketplaces have the highest growth forecast for the next two years
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6. E-commerce trends in Portugal
E-commerce is an opportunity to grow the business of traditional retailers, but also an affordable option for start-ups starting a retail activity
Online selling is seen as a strategic market expansion strategy for established companies and a business opportunity for small businesses
Increased promotions and campaigns in the digital market
Sales channels: own website complemented by social networks and marketplaces
GERMAN DESK
Unser Leistungsspektrum:
• BUCHHALTUNG UND REPORTING• STEUERBERATUNG• LOHNBUCHHALTUNG UND PERSONALMANAGEMENT• UNTERNEHMENSFINANZIERUNG• VERSICHERUNGSMANAGEMENT
Margarida MadeiraLeiterin German Desk, Consultant
M.: (+351) 962 036 863Tel.: (+351) 217 121 [email protected] – Serviços de Gestão, S.A.Rua Padre Américo, nº 14B, 1º - Esc. 11600-548 Lisboa
Lucy DregerConsultant German Desk
M.: (+351) 910 084 030Tel.: (+351) 217 121 [email protected]ços de Gestão, SA.Rua Padre Américo, nº 14B, 1º - Esc. 11600-548 Lisboa
IHRE ANSPRECHPARTNER IM GERMAN DESK
Rui AlmeidaCEO / Managing Partner
M.: (+351) 916 762 672Tel.: (+351) 210 316 [email protected] – Serviços de Gestão, S.A.R. Dr. António Loureiro Borges, n.º 1, 2ºMiraflores1445-131 Algés
E-Commerce inPortugal
<
moneris.pt
Legal requirements fora successful online business
Haben Sie noch Fragen?AußenwirtschaftsCenter Madrid
T +34 91 55 64 358
AußenwirtschaftsCenter Barcelona
T +34 93 29 22 378
AußenwirtschaftsCenter Lissabon
T +351 1 21 31 71 010
Weitere Infos
wko.at/aussenwirtschaft/eswko.at/aussenwirtschaft/pt
