Getting the foundations right
We ensure your e-commerce framework aligns with evolving regulations and market standards, safeguarding both your business and your customers. In practice that means the terms and conditions, the privacy notice, the cookie position, the returns and cancellation policy, and the contracts sitting behind payment processing and fulfilment.
Most of the exposure an online business carries is created at launch and never revisited. It is far cheaper to build it correctly than to answer for it later.
Consumer protection and data
Selling to consumers in Malta and the EU brings defined obligations on information, cancellation rights and unfair terms, alongside data protection duties under the GDPR. We advise on both, and on what platform liability means for a marketplace as distinct from a direct seller.
Selling across borders from Malta
An online business established in Malta is rarely selling only into Malta, and the moment it sells into other EU member states a further layer of consumer and tax obligation applies. We advise on what actually changes when a business begins shipping across borders, and on the terms that need to reflect it.
Where a business operates as a marketplace rather than a direct seller, the analysis is different again. The distinction between selling and hosting determines a great deal of the liability, and it is decided by how the platform is structured and presented, not by what the terms happen to call it.
What an online business needs in place
- Terms and conditions of sale, drafted for the actual model
- Privacy notice and a defensible lawful basis for processing
- Cookie and tracking compliance
- Cancellation, returns and refund policy
- Payment processing and fulfilment contracts
- Platform terms where third parties sell through the site
Common questions
- Do I need Maltese-specific terms for an online shop?
- If you are established in Malta or selling to Maltese consumers, yes. Generic template terms drawn from another jurisdiction frequently fail to meet local and EU consumer requirements.
- Does the GDPR apply to a small online business?
- Size is not the test. If you process personal data of individuals in the EU, the obligations apply, though what compliance looks like in practice scales with the business.
- Who is liable when a marketplace seller sells a faulty product?
- It depends on how the platform is structured and how it presents itself to the buyer. We advise on the distinction and on drafting that reflects it.