Last updated: 19 July 2023
“What legals do I need for my ecommerce business?” is THE most frequently asked question we get here at Legal123. So to help answer this question we’ve crafted this simple checklist. Just match the type of ecommerce business you run.

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Your legal requirements depend on your ecommerce business model
The type of ecommerce or online business you have determines the legal notices and agreements you need to use. Most businesses require the basics: Privacy Policy, Website Disclaimer and Terms & Conditions – which we have bundled into our Website Legal Package. But over and above that the legal requirements change based on your business specifics.
The information in the infographic above is mirrored in this list of drop-downs. Just match the type of ecommerce business you run and click to see what legals you need.
How do you monetise your ecommerce business?
Sell goods direct to consumers
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
Your Terms & Conditions need to include specific Australian Consumer Law terms. Remember, if you use a platform like Shopify you need your own T&Cs – the Shopify T&Cs protect them, not you!
Sell goods that are drop shipped by a supplier
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Manufacturer or Supplier Terms
The Manufacturer or Supplier Terms must include terms that ensure the goods comply with Australian standards & Consumer Law warranties – which protects you!
Sell services
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Service Agreement
The Service Agreement needs to be specific to your type of service. For example, Coaching Services Agreement, Consulting Agreement, Graphic Design Agreement, Photography Contract, etc.
Sell higher-risk services
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Service Agreement
- Risk Disclaimer
The Service Agreement needs to be specific to your type of service. The Risk Disclaimer is needed to cover higher-risk services. For example, Personal Training, Health Coaching, Financial Advice, Business Advisory, Children/Minors, etc.
Sell memberships
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Membership Terms of Use
Membership Terms of Use cover membership programs or online courses like online fitness, business skills tutoring and courses listed on third-party platforms like Thinkific, Kajabi, etc.
Sell subscriptions
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Subscription Terms
Subscription Terms cover monthly or annual subscriptions to online magazines, subscription boxes, etc.
Sell software licenses
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Software License Agreement & EULA
The Software License Agreement & EULA are required to sell software as a downloadable file or online SaaS option.
Run a classified ads website
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Classified Terms
Classified ad websites typically charge listing fees for people to advertise and sell products or services.
Receive advertiser revenue
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Advertiser Terms
In this example, advertisers pay you directly to place ads on your website (rather than just Google Ads).
Receive affiliate revenue
Then you need:
- Website Legal Package (Privacy Policy + Disclaimer + Terms & Conditions)
- Affiliate Disclosure Statement
You need an Affiliate Disclosure Statement if you recommend products or services and receive any financial commission or benefit.
Blog
Then you need:
The Blog Disclaimer protects you from visitors relying on any information published on your blog and suffering loss.
Blog about higher-risk topics
Then you need:
The Blog Disclaimer protects you from visitors relying on any information published on your blog and suffering loss. The Risk Disclaimer is needed to cover higher-risk topics. For example, Health, Medical, Financial Advice, etc.
Run an online Forum (incl. Facebook Groups)
Then you need:
- Privacy Policy
- Online Forum Rules
You need Forum Rules on your online forum to cover member conduct, your right to ban members, information in the forum is not advice, etc. You should use a Privacy Policy and Forum Rules even for Facebook Groups.
Website with contact form
Then you need:
The Privacy Policy covers collecting personal information, e.g. email, name, etc.
We’ve tried to make this ecommerce legal advice checklist as simple as possible. But if you have questions or your business does not neatly fall into one of the categories above, don’t hesitate to contact us using our contact form. We’re a full-service law firm with a team of Australian lawyers who can draft you custom legal notices and agreements.
We hope you found this guide to Ecommerce Legals helpful.

Website Legal Package
Protect your online business in less than 5 minutes with Legal123’s Website Legal Package! Get a customised Privacy Policy, Website Disclaimer and Terms & Conditions tailored to your business. Free updates when the legislation changes. Approved by major Australian banks and credit card processors. Secure your online business today!