The arrival of General Regulation of Data Protection (RGPD) It marked a turning point for all online stores that handle their users' personal information. If you own an e-commerce business, you've surely heard about this European regulation, but many questions still arise about what it entails, why it's so important, and how it actually affects e-commerce businesses on a daily basis.
Even though the GDPR has been in effect for several years, the reality is that many stores are still scrambling to adapt their systems and processes. Sanctions and fear of non-compliance These regulations are pushing many businesses to seek clear and 100% up-to-date information, avoiding the fines that the Spanish Data Protection Agency (AEPD) can impose. If you want to know everything you need to keep your online store safe and also instill confidence in your customers, keep reading because we'll explain everything in detail and in simple language.
What is the GDPR and why does it affect eCommerce so much?
El GDPR is the data protection regulation of the European Union which regulates how the personal data of any user residing in the EU should be managed, stored, and processed. Since May 25, 2018, all companies that handle data of European individuals are required to comply with its requirements. This directly affects any Online store, whether you are headquartered in Europe or sell products or services to EU residents.
This legal framework also reinforces the importance of protecting data privacy and security, which directly impacts customer trust and the business's reputation.
Which online stores does the GDPR apply to?
The application of the GDPR is quite broad. Any online store, regardless of its location, must comply with it if it processes data from people residing in the European Union.This includes both eCommerce stores with physical headquarters in the EU and those located outside the EU that sell to European customers.
Therefore, if you sell products or services online and at some point a European user interacts with you (whether to create an account, purchase or subscribe to your newsletter), You have the obligation to adopt the measures that the GDPR establishes.
This legal framework also applies to data collected through contact forms, purchasing processes, cookies, newsletter sending systems or any technology that collects personal information.
Main changes of the GDPR in the eCommerce sector
The GDPR brought with it a series of new developments that have forced changes in both online store technology and their administrative and legal management. Let's review the key aspects:
- Risk management-based approach: It is necessary to analyze what risks exist in data processing and act accordingly, with protection policies tailored to each case.
- More transparency and clarityEverything must be explained in a simple and accessible way. Privacy policies, legal notices, and cookie texts must be understandable.
- Explicit and informed consent: Forms and data collection processes must explicitly request user consent. Pre-checked boxes and ambiguous text are not acceptable.
- Increased user rights: Right to be forgotten, portability, access, rectification, restriction of processing, and objection. Users can request specific actions regarding their data, and the store must be prepared to respond within short timeframes.
- Proactive responsibility: The merchant is responsible for demonstrating compliance with the GDPR at all times, so they must keep records and be able to provide proof in the event of an inspection.
- Data lifecycle managementFrom collection to deletion, you need to know what happens to each piece of personal information and how it's managed at every step.
- Adaptation to minorsConsent is only valid for users 14 years of age and older in Spain. If users are under this age, permission must be sought from their parents or guardians.
All of these changes affect both the technical side of the online store and its communication with users and internal data management.
Essential steps to adapt your eCommerce to the GDPR
Adaptation to the GDPR involves Concrete actions that every online store must takeThese are the main steps you can't skip:
- Risk analysis: Create a report that identifies what personal data you collect, how you use it, and what threats exist. This way, you can choose the appropriate protective measures.
- Incident notification: Establish internal protocols to inform the AEPD and those affected if there is a security breach or incident that compromises personal data.
- Adaptive web forms: Implement separate consent boxes, never pre-checked, and inform the public about the specific use you will give to the data, for example, whether it will be used for marketing campaigns.
- Updated legal textsPrivacy policies, legal notices, and cookie policies must be clearly written and posted in accessible locations on the website. Templates are available, but tailoring them to your business is always best.
- Security document: Explains who is responsible for data processing, how long it will be retained, who can access it, and the technical measures implemented to prevent unauthorized access.
Without these measures, your store will be at risk of being sanctioned and, worse still, will lose the trust of customers..
Consent and cookie policy in eCommerce
One of the big hot spots of the GDPR for online stores has to do with the cookiesUsers must give their express consent for cookies to be stored on their devices, especially if they are used to analyze behavior, personalize advertising, or share information with third parties.
According to the Cookies Guide of the Spanish Data Protection Agency, updated in 2020, it is mandatory to implement specific opt-in banners where the user decides which cookies to accept and which not, without the option to continue browsing implying consent. So-called "cookie walls," which block access to the website if the user does not accept all cookies, have been banned.
Technical, authentication or service cookies requested by the user may be exempt from this consent, but All others require clear and informed action on the part of the visitor.
What happens if you don't adapt your online store to the GDPR?
Failure to comply with regulations can cause serious problems. Penalties for non-compliance can range from 3.000 to 30.000 euros or even more, depending on the severity and recurrence.The AEPD is clear: after the adaptation periods, it has toughened inspections and legal consequences.
A simple legal text copied from the Internet is not enough; It is necessary to demonstrate adaptation with documentation and effective systemsFurthermore, any user can file a complaint with the authorities if they believe their rights have not been respected.
When is data processing considered to occur?
Most processes within an online store involve some form of personal data processing, whether registering a user, sending a newsletter, managing comments, or analyzing traffic using cookies.
Data processing is considered when You can identify a person by their name, email address, IP address, cookie identifiers, or other elements. that allow actions to be associated with a specific user.
On the other hand, some technical cookies that allow communication between devices or the basic functioning of the website do not require consent, but it is crucial to distinguish these cases and explain them in the cookie policy.
Solutions and tools to comply with the GDPR on different platforms
Depending on the platform your eCommerce store is built on, there are specific solutions to facilitate GDPR compliance. We highlight some of the most popular:
PrestaShop
The latest versions of PrestaShop offer free GDPR modules (for version 1.7) and paid ones (for versions 1.5 and 1.6). These modules allow you to manage consents, facilitate data deletion, and adapt forms to the new regulations. All documentation can be found on the official PrestaShop website.
Alternatively, there are third-party platforms like Cookie-Script, which integrate a personalized banner for cookie management and consent collection.
WordPress and WooCommerce
The WordPress ecosystem offers a multitude of plugins to facilitate compliance with the law. The most recommended are GDPR and GDPR Cookie Consent, which automate many of the tasks required for consent management and cookie policy adaptation.
Other plugins, such as EU Cookie Law for GDPR/CCPA and Ultimate GDPR & CCPA Compliance Toolkit, offer advanced solutions, including consent pop-ups, cookie blocking, and compatibility with other digital marketing tools.
User rights and essential actions
One of the great novelties of the GDPR is the strengthening citizens' rights. Each user can exercise:
- Right of access: Know what data is stored and how it is used.
- Right of rectification: Modify your personal data if there are errors or it is outdated.
- Right to be forgotten: Request the complete deletion of your data.
- Right to portability: Obtain your data in a structured format and transfer it to another controller if desired.
- Right to limitation or opposition: Restrict certain uses of information or refuse processing for commercial purposes.
Online businesses must have systems in place to quickly detect, manage, and respond to these requests. Furthermore, users must be clearly and simply informed about how to exercise these rights.
Additional obligations for eCommerce
Updating texts or banners isn't enough. The GDPR requires a series of additional commitments that online stores must internalize:
- Record of processing activities: Maintain a list of all processes in which personal data is handled, describing the purpose, recipients, and retention periods.
- Database review and cleaning: Do not store unnecessary or unauthorized data. It is essential to delete old and unjustifiable records.
- Designation of Data Protection Officer (DPO): In some cases, especially in large companies or when handling a lot of sensitive data, a specific person must be appointed to the AEPD.
- Communication with third parties: If you transfer data to third parties (payment providers, shipping providers, mailing platforms, etc.), you must sign data processing contracts and ensure that they also comply with the GDPR.
Adaptation, therefore, is an ongoing process and requires training, monitoring, and updating in response to any legal or technical changes.
Impact of GDPR on eCommerce digital marketing
Online marketing based on the use of personal data has also changed radically with the entry into force of the GDPR. If you run email, newsletter or remarketing campaigns, you must be especially careful.:
- Always obtain separate consent for each specific purpose (advertising, analysis, sending information, etc.).
- Record and keep proof of that consent, which must be able to be revoked at any time by the user.
- Redesign forms and recruitment mechanisms so that they are fully adapted to the regulations and avoid pre-checked boxes.
- Includes automated systems for unsubscriptions and to facilitate data portability (Mailing tools such as MailChimp and Acumbamail already allow this).
The processing of data relating to minors is also much stricter, so age verification systems and parental consent mechanisms must be implemented where necessary.
Key recommendations for hassle-free compliance
- Adapt all your legal texts to your business and keep them always up to date..
- Use tools specific to your platform (PrestaShop, WooCommerce, Shopify, etc.) that help you automatically manage user consents and requests.
- Conduct periodic audits of your data collection and processing processes, including analysis of cookies, plugins or third-party services.
- Train your team and review policies periodically. to make sure everything is done correctly.
- Don't save data longer than necessary, delete old contacts and records to reduce risks.
Having legal advice or hiring consulting services can be a plus to ensure maximum peace of mind and anticipate future inspections.
Compliance with the GDPR is not only mandatory, but has become a key factor in gaining user trust and standing out as a secure and professional online store. A business that takes privacy seriously provides value and peace of mind to its customers, which ultimately improves its conversion rate and online reputation.
