A shop owner found out from a third party that her online store had no privacy policy and no terms and conditions. She confronted the developer who built the store. The answer was blunt: if you had asked for those documents, I would have added them. This story is not an exception. It happens more often than you think. And while there is no simple answer to who is at fault, one thing is clear: the legal consequences fall on the shop owner, not the developer. The developer is responsible for the code. You are responsible for the business.
Contents
Whose responsibility is it – fact or myth?
Among online store owners, there is a widespread belief that if you commission a store from an agency or developer, they will take care of everything – including legal documents. This is a mistake that can have real financial consequences.
On one hand, the developer builds the store, knows the process and has seen dozens of similar setups. They should know what is required and inform the client. Good practice says that a professional developer or agency should, when delivering the project, inform the client of their obligation to have terms and conditions and a privacy policy. Unfortunately, not everyone does this.
On the other hand, it is not their store, not their customer data and not their legal liability when something goes wrong. In practice, the law is clear: the obligation to have terms and conditions, a privacy policy and proper GDPR consent mechanisms lies with the store owner. The developer is not responsible for your legal compliance unless that obligation was explicitly written into the contract.
What are the risks of operating without legal documents?
A WooCommerce store without proper legal documentation is operating unlawfully. Consumer protection law, e-commerce regulations and GDPR impose specific information obligations on every entity conducting online sales. The consequences of missing documentation can include:
- Complaints to consumer protection authorities – regulators can open proceedings on their own initiative, without a customer complaint.
- Data protection authority investigations – no privacy policy is a GDPR violation, with fines up to 20 million euros or 4% of annual turnover.
- Problems with complaints – without terms and conditions, you have no written complaints procedure to refer to.
- Risk of contracts being voided – if the customer did not have access to purchase conditions before ordering, the contract may be challenged.
- Extended cancellation window – if the customer was not informed of the right of withdrawal, they may cancel the purchase up to 12 months later.
What documents does a WooCommerce store need?
The minimum requirements for a WooCommerce store are four documents. Each of them serves a different legal purpose:
- Terms and Conditions – purchase conditions, delivery, payment, cancellation rights and complaints procedure. Mandatory for every e-commerce operation, regardless of size.
- Privacy Policy – what data you collect, why, how long you keep it, who you share it with and what rights the customer has. Mandatory for every website, not just a shop.
- Cookie Policy – if you use cookies, you must inform visitors and collect appropriate consent. WooCommerce uses cookies by default.
- Review Policy – if you display product reviews on your site. Since the Omnibus Directive came into force in 2023, this is mandatory.
What does this look like in practice during a customer dispute?
Imagine the following scenario. A customer buys a product in your store. A week later they want to return it and claim it was defective. You disagree. Without terms and conditions, you have no written procedure to refer to. The customer files a complaint with a consumer protection authority. The inspector asks for your terms. You do not have them. The case is now about not just the dispute but also your missing documentation.
This is not a hypothetical scenario. It happens regularly, including in small WooCommerce stores. And it always comes to light at the first conflict.
What should you do if your store is missing these documents?
- DIY from a template – cheapest but risky. Templates from the internet are often outdated or not adapted to your specific business.
- With a lawyer – expensive but reliable. A lawyer will prepare documents tailored to your store. The problem arises with every subsequent change in the law.
- Ready-made, automatically updated tool – documentation adapted to your store and automatically updated when regulations change.
WooCommerce itself provides no legal documentation. The platform provides sales tools – the responsibility for preparing and maintaining legal documents lies entirely with the store owner.
Something is coming – stay tuned
We are building a tool that takes care of your store's legal documentation automatically – tailored to your business, always up to date with the law. Stay tuned.
