E-COMMERCE IN SPANIEN UND PORTUGAL HERZLICH WILLKOMMEN - Rechtliche Grundlagen für erfolgreiche Internet-Geschäfte - WKO
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E-COMMERCE IN SPANIEN UND PORTUGAL Rechtliche Grundlagen für erfolgreiche Internet-Geschäfte 29.10.2020 HERZLICH WILLKOMMEN
IHRE ANSPRECHPARTNER AUF DER
IBERISCHEN HALBINSEL
AußenwirtschaftsCenter Madrid
T +34 91 55 64 358
E madrid@wko.at
AußenwirtschaftsCenter Barcelona
T +34 93 29 22 378
E barcelona@wko.at
AußenwirtschaftsCenter Lissabon
T +351 1 21 31 71 010
E lissabon@wko.at
Weitere Infos
wko.at/aussenwirtschaft/es
wko.at/aussenwirtschaft/pt
2
PROGRAMM
15.00 – 15. 10 Uhr BEGRÜSSUNG UND EINLEITUNG
ERNST KOPP
Wirtschaftsdelegierter in Madrid
E-COMMERCE IN SPANIEN – RECHTLICHER
15.10 – 15.25 Uhr ÜBERBLICK
KARL H. LINCKE, Rechtsanwalt
Mariscal & Abogados in Madrid
T +34 91 564 64 32
E klincke@mariscal-abogados.com
EINLEITUNG ZU PORTUGAL
15.25 – 15.35 Uhr ESTHER MACA
Wirtschaftsdelegierte Stv. in Lissabon
E-COMMERCE IN PORTUGAL – RECHTLICHE
15.35 – 15.50 Uhr ASPEKTE
RUI ALMEIDA, CEO
Moneris SGPS in Algés
T + 351 210 316 400
E rui.almeida@moneris.pt
FRAGEN & ANTWORTEN
15.50 – 16.00 Uhr
3
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
Fragen Karl H. Lincke Rechtsanwalt & Abogado klincke@mariscal-abogados.com
PORTUGAL E-COMMERCE & MORE Esther Maca AußenwirtschaftsCenter Lissabon Webinar 29.10.2020
PORTUGAL – E-COMMERCE & MORE
FARFETCH - THE UNICORN THAT‘S NOT A MYTH
International e-commerce platform for fashion - made in Portugal
13PORTUGAL – E-COMMERCE & MORE
SURGE IN E-COMMERCE DUE TO COVID
…not shown in reports from beginning of 2020
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
14PORTUGAL – E-COMMERCE & MORE
Quelle: European E-Commerce Report 2019
15FÜR 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 10 lissabon@wko.at www.wko.at/aussenwirtschaft/pt
E-Commerce in
Portugal
Legal requirements for
<
a successful online business
moneris.pt1. Consumer protection law
Index i
1. Consumer i
protection law
2. Tax obligations
i
3.Advertising on the
i
internet
4.Deliveries to Madeira and the
i
Azores
5. The e-commerce challenges
i
for the future
6. E-commerce trends in Portugal
i
181. Consumer protection law
i
Consumer rights Consumer rights
in Portugal: in EU:
• Portuguese constitution • Directive 2019/2161 of the European
Parliament and of the Council of 27
• Consumer protection law November 2019 - new directive on
consumer rights in online shopping
191. Consumer protection law
i
Returns and guarantees
Digital content and Repairs and returns If digital content or If the defect appears
tangible goods now of articles purchased service is defective, within one year of
over the internet and and if the problem purchase
in a physical store cannot be resolved
same rights and same rules consumer entitled to assumed that it
obligations price reduction or already existed when
full reimbursement the product or
service was
(within 14 days) purchased
201. Consumer protection law
i
Returns and guarantees
Continuous supply of Reversal of the Guarantee: Change in the content
services burden of proof in the case of with negative impact on
single-purchase the access/use of the
products product
obligation on the the seller will have guarantee period the consumer is entitled
seller extends over to prove that the may not be less than to withdraw from
the duration of the problem was not two years; the contract
contract with the product or
service
211. Consumer protection law
i
Right of withdrawal/cancellation
Right to return the Applicable to Applicable only to Applicable in any
goods purchased and goods and services professional sellers country of the EU
to have the price where the electronic
(this right does not apply if store is located
refunded the purchase is made from
a private individual)
(including Iceland and
Norway )
221. Consumer protection law i
Right of withdrawal/cancellation
Cooling-off period for free termination of the The rules apply to
contract: purchases made over
the internet, by
• 14 (consecutive) days if the information is telephone, by post
given to the consumer prior to the and outside the
conclusion of the contract business premises, in
whatever form
• 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
231. Consumer protection law i
Online dispute settlement
An appropriate electronic platform, accessible The European Consumer Centre has been
over the internet, is available to the parties. designated to assist consumers in accessing the
ADR entity of another Member State
The e-platform enables contact between
consumers and traders in order to seek a and also to perform the function of the National
satisfactory understanding with the Contact Point for the ODR
intervention of an alternative dispute
resolution entity.
The ADR can also be contacted electronically
via the same platform.
241. Consumer protection law i
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 Possible Right to After-sales Dispute Seller's
address restrictions cancel assistance settlement commercial
on delivery services mechanisms registration
number
252. Tax obligations i
VAT Expected changes in the EU:
• Extension of the scope of the VAT one-stop-shop to all operators • Exchange of financial
information
• Online platforms can now charge VAT on distance sales
• Implementation of the new
• VAT will be paid in the Member State of the consumer VAT rules for e-commerce
and financial reporting
• Obligation to keep records made on electronic interfaces for 10 postponed by six months
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
263. Advertising on the internet
i
Honest advertising is a right
Advertisements must provide False advertising misleads or is Prizes, gifts and free or limited
accurate and sufficient likely to mislead the people to offers are other tricks often used
information on the availability whom it is addressed, and may in advertising
and composition of the product contain exaggerated claims about
the properties of the products
273. Advertising on the interneti
Prohibited commercial practices
Misleading practices by action or by omission
Aggressive practices aimed at putting pressure on the consumer to buy a particular product
283. Advertising on the internet
i
Prohibited commercial practices
Some examples:
Bait Advertising: False free offers: Manipulation of False claims of
products or services may the actual price of children: therapeutic properties:
not be advertised at a products or services must the trader may not the consumer is entitled
very low price if the be communicated and a encourage your child to to know whether these
seller does not have service cannot be ask you to buy a claims have been
sufficient stock disguised as "free" or an product. Direct scientifically proven
additional "free" service exhortations like "Buy
offered when the actual the book now!" or "Ask
cost of the alleged "free" your parents to buy you
services is already this game" are forbidden
included in the normal
price
293. Advertising on the internet
i
Prohibited commercial practices
Some examples:
Advertorials: Pyramid: False promises of False "special"
consumers have the promotional systems in prizes and gifts: advantages:
right to know whether a which the consumer "free" prizes or gifts special rights cannot be
newspaper, television or financially participates in cannot be advertised if offered when such
radio article has been exchange for the the recipient is then consumer rights are
sponsored by a company possibility of receiving a asked to pay to receive already provided for by
as a way of advertising reward them law
its products
304.Deliveries to Madeira and the Azores
i
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
• At least 28 Portuguese digital trading companies have consumer's nationality or place of residence
been identified that do not make deliveries to Madeira
Free access to electronic sites: traders may not block
• Companies cannot create any kind of limitations within or restrict, by technological or other means,
the same territory or any kind of differentiation customers' access to their online interfaces or be
between consumers, but there are no specific redirected according to customers’ nationality, place
regulations to remedy this situation in Portuguese of residence or place of establishment
legislation
Deliveries: the trader may not discriminate against
• Traders often refuse to sell or supply, for no objective the consumer when offering a delivery service or a
reason, to customers in another region or Member place where the goods can be picked up if it provides
State, or offer more advantageous prices to local services in the Member State where the consumer
customers resides
315. E-commerce challenges for the future
i
Security GDPR
An online store manages various types of sensitive customer Companies must respect all the procedures of
information. this regulation, ensuring maximum transparency
on the management of personal data
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.
325. E-commerce challenges for the future
i
Means of payment Product delivery
In a market with constant new developments, it is Consumers are increasingly demanding in terms
important for companies to monitor the new means. of the logistical processes for delivering their
order. It is important that the customer is able to
In addition to traditional methods of payment by credit find out the status and location of their order in
card or bank transfer, it is important that companies real time. It is also essential that the product is
look at digital means of payment, such as Mbway, and delivered quickly.
adapt to these new realities.
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.
335. E-commerce challenges for the future
i
Multi-channel integration of sales New technologies
The concept of e-commerce 4.0 means that companies As mobile grows and new technologies emerge,
now need to evaluate and balance the various existing such as artificial intelligence and augmented
platforms (website, social networks, marketplace) so intelligence, it is important that companies keep
that they can reach their consumers 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.
345. E-commerce challenges for the future
i
CRM and ERP Legal obligations Digital and Financial
integration Literacy
In an ever-changing legal
In order to offer the customer environment, it is important for Domestic consumers have a
an increasingly relevant service companies to be aware of high level of digital and financial
and to analyse consumption possible changes or limitations illiteracy, which is in fact an
profiles, it is important that the in the online sales process, as obstacle to the development of
information is integrated into was the case with EU regulation e-commerce and the increase in
the ERP and CRM and that data 2018/302 which addresses internet use.
is cross-referenced between unjustified geo-blocking
them.
356. E-commerce trends in Portugal
i
Increasing Increase in number of Increased use of Increased use of
involvement and products, product mobile devices to PayPal and virtual
demands from online categories, and buy online cards
buyers spending per purchase
by online buyers
366. E-commerce trends in Portugal
i
Growth in the number Increase in the number Increasing ambition Mobile
of orders received at of domestic purchases to open up online applications and
the workplace or at stores with Marketplaces have
home international sales, the highest
focusing on the growth forecast
European and for the next two
African markets years
376. E-commerce trends in Portugal
i
E-commerce is an Online selling is seen as Increased Sales channels:
opportunity to grow a strategic market promotions and own website
the business of expansion strategy for campaigns in the complemented by
traditional retailers, established companies digital market social networks
but also an affordable and a business and marketplaces
option for start-ups opportunity for small
starting a retail businesses
activity
38IHRE ANSPRECHPARTNER IM GERMAN DESK
Margarida Madeira
Leiterin German Desk, Consultant
GERMAN DESK M.: (+351) 962 036 863
Tel.: (+351) 217 121 041
margarida.madeira@moneris.pt
www.moneris.pt
Unser Leistungsspektrum: Moneris – Serviços de Gestão, S.A.
Rua Padre Américo, nº 14B, 1º - Esc. 1
1600-548 Lisboa
• BUCHHALTUNG UND REPORTING
• STEUERBERATUNG
• LOHNBUCHHALTUNG UND PERSONALMANAGEMENT Lucy Dreger
• UNTERNEHMENSFINANZIERUNG Consultant German Desk
• VERSICHERUNGSMANAGEMENT
M.: (+351) 910 084 030
Tel.: (+351) 217 121 041
Lucy.dreger@moneris.pt
www.moneris.pt
Moneris-Serviços de Gestão, SA.
Rua Padre Américo, nº 14B, 1º - Esc. 1
1600-548 Lisboa
Rui Almeida
CEO / Managing Partner
M.: (+351) 916 762 672
Tel.: (+351) 210 316 400
Rui.almeida@moneris.pt
www.moneris.pt
Moneris – Serviços de Gestão, S.A.
R. Dr. António Loureiro Borges, n.º 1, 2º
Miraflores
1445-131 AlgésE-Commerce in
Portugal
Legal requirements for
<
a successful online business
moneris.ptHaben Sie noch Fragen? AußenwirtschaftsCenter Madrid T +34 91 55 64 358 E madrid@wko.at AußenwirtschaftsCenter Barcelona T +34 93 29 22 378 E barcelona@wko.at AußenwirtschaftsCenter Lissabon T +351 1 21 31 71 010 E lissabon@wko.at Weitere Infos wko.at/aussenwirtschaft/es wko.at/aussenwirtschaft/pt
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