11/07/20255 min

What legal costs should you anticipate for your online store?

De PrestaShop Team

Running a successful online store means you’ve already overcome many critical steps. You’ve tackled catalog management, logistics, SEO, and customer experience… but do you have the same clarity on your business’s legal aspects? Often overlooked in the rush of entrepreneurship, legal costs can be high and represent real risk if not properly anticipated. To keep growing smoothly and avoid unpleasant surprises, here are 5 categories of legal costs every online store owner should keep in mind.

1. Costs related to terms and conditions (T&Cs)

T&Cs are mandatory for any ecommerce site. As your business grows (new markets, product diversification, B2B sales…), your terms need to be solid, up-to-date, and tailored to your business model.

These documents also require regular review to stay compliant with legal changes: EU or national regulations on online sales, consumer protection, or requirements for regulated products (food, cosmetics, electronics…).

Key points to monitor:

  • Clarity of information (prices, shipping, returns, warranties)
  • Regulations on promotions and sales
  • Adaptation for international expansion

Consult an attorney specialized in ecommerce or professional associations in your country to ensure your T&Cs remain compliant.

If you sell on marketplaces like Amazon or Rakuten, your T&Cs must also adapt to their specific conditions, especially regarding shipping, refunds, or mediation.

Failure to display T&Cs on your online store can result in fines up to €3,000 for sole proprietors and €15,000 for companies.

2. Costs related to GDPR compliance and data privacy management

Since 2018, the General Data Protection Regulation (GDPR) has governed how ecommerce sites handle personal data in the EU.

In summary, GDPR requires six main obligations:

  • Collect only data strictly necessary for your specific purpose (data minimization and purpose limitation).
  • Clearly inform users upfront on how their data will be used.
  • Facilitate and structure users’ rights (access, correction, deletion…).
  • Define precise and limited data retention periods.
  • Secure collected data and anticipate associated risks.
  • Integrate GDPR compliance as a continuous improvement process with regular audits.

For commercial newsletters and advertising or tracking cookies, merely informing users is not enough – explicit consent is mandatory (e.g. via a checkbox).

Processing personal data without valid consent carries the harshest penalties: up to 5 years in prison and €300,000 in fines.

3. Costs for protecting intellectual and industrial property

As your store grows, protecting your brand, original products, or innovations becomes critical. Proactive legal protection helps avoid costly lawsuits later.

These costs include registering and monitoring your trademark with the EUIPO. Trademark registration starts at €850 and is valid for 10 years.

Specialized intellectual property law firms can guide you through these processes. If you’re a victim of counterfeiting, you can issue cease-and-desist letters or pursue civil or criminal action. Properly registering your rights is essential for these steps.

Certain sectors, like cosmetics, food, medical devices, or electronics, are also subject to strict technical regulations (CE marking, certifications, specific legal notices).

4. Costs related to your business’s legal and tax structure

Your initial legal status might no longer suit your current business scale, especially as revenue increases. Reviewing your legal and tax structure can be strategic.

While an LLC (SARL) is often chosen for its simplicity, a joint-stock company (SAS) may be more suitable later on. It offers greater governance flexibility, facilitates external investment, and simplifies capital and role distribution.

On taxation, consider which regime best suits your current growth: corporate tax (IS) or personal income tax (IR). IS offers advantageous deductions on executive compensation, while IR may be preferable in specific cases (family structure, specific investments, wealth strategy).

These changes carry administrative and professional costs, including publication of legal notices and fees for attorneys or tax advisors – essential to handle processes correctly.

Investing in an accountant or attorney specialized in tax law is wise. They ensure compliance and help identify optimal legal and tax strategies to maximize your ROI.

5. Managing disputes and potential legal proceedings

A growing online store faces increasing risks of disputes: delivery delays or errors, defective products, returns, or conflicts with suppliers and distributors.

To protect all areas of your business, anticipate these costs:

  • Specific insurance (professional liability, cyber risk insurance…).
  • Implementing proactive dispute resolution policies (mediation, specific T&C clauses).
  • Legal fees in case of lawsuits.

Also note that online stores must provide customers with access to a mediator in case of disputes. This is free for consumers, who will often use it before taking legal action.

Consumers can also contact national consumer associations or European Consumer Centers, which help resolve cross-border disputes.

Given the many legal protections for consumers, having solid, accessible legal counsel quickly becomes essential as your store scales.

Conclusion

Controlling legal costs is essential as your online store grows. What seemed secondary at launch can become strategic: your T&Cs, data privacy policy, legal status, and brand protection directly impact competitiveness. Budgeting for these legal obligations gives your store a solid, reliable, and scalable foundation. In a competitive ecommerce market, it’s better to know the rules upfront than discover them along the way.

 

De PrestaShop Team

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