What Legals Do I Need for My Ecommerce Business? [Infographic]

Last updated: 21 March 2024

“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.

what legals do i need for my ecommerce business

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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:

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:

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:

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:

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:

Subscription Terms cover monthly or annual subscriptions to online magazines, subscription boxes, etc. SaaS Subscription Agreements cover Software as a Service platforms.

Sell software licenses

Then you need:

The Software License Agreement & EULA are required to sell software as a downloadable file. SaaS (Software as a Service) platforms might also require a EULA.

Run a classified ads website

Then you need:

Classified ad websites typically charge listing fees for people to advertise and sell products or services.

Receive advertiser revenue

Then you need:

In this example, advertisers pay you directly to place ads on your website (rather than just Google Ads).

Receive affiliate revenue

Then you need:

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:

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 help you with a Website Legal Review or draft custom legal notices and agreements.

We hope you found this guide to Ecommerce Legals helpful.

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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!

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About the Author: Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with 20+ years experience in corporate, banking and trust law. Click for full bio of or follow on LinkedIn.

Disclaimer: We hope you found this article helpful, but please be aware that any information, comments or recommendations are general in nature, do not constitute legal advice and may not be suitable for your specific circumstances. Whilst we try our best to ensure that the information is accurate, sometimes there may be errors or new information that has yet to be included. Any decisions you take based on information on this website are made at your own risk and we cannot be held liable for any losses you suffer. Contact us directly before relying on any of this information.