Documentation

Table of Contents

The Owner Field Within the Generator

For the Privacy and Cookie Policy Generator

The owner field has a default suggestion that reads like this:

Individual, company or any other entity responsible for the website or application.
E.g. iubenda s.r.l – Via Torino, 2 – 20123 Milan (Italy)

In addition to this very simple owner statement, you can use some html tags such as bold, italic, etc.

More than pure stylistic options, this opens up additional disclosure options for you. You can add whatever information you need to, such as for example, an appointed person/Data Protection Officer. You can see an example on this screenshot:

Owner field screenshot/example

The owner’s contact email will be added automatically to this very same section, pre-populated from the email form field below the owner field (as seen in the image above).

DPO & EU Representative information

If you’d like, you can easily append DPO details or information about your official EU Representative in the Owner Field. See the following example using html, (feel free to copy and paste the code in and replace the information with your own details:

Your Company Ltd.
Via Torino, 2 - 20123 Milan (Italy)

<strong>DATA PROTECTION OFFICER (DPO)</strong>
ePrivacy Consultants
represented by Dr. John Doe
Viale Bianco 21, 20354 Milan, Italy
contact: privacy@contactemail.net

This will give you the following result:

DPO in owner field example

Note

Please remember, the owner field must include valid identifying information.

For the Terms and Conditions Generator

For Terms and Conditions, the required information for the Owner’s field may vary based on your country of origin or the type of business that you do. However, as with the Owner’s field in the Privacy Policy, the important thing here is to ensure that the information included in this field makes you legitimately identifiable.

Note

If you already have a correctly completed Privacy Policy on the same site/app that you’re creating the Terms and Conditions document for, it’s likely that you may have already included some of the identifying information required for the Terms and Conditions’ Owner’s field. This is because within the Generator, the Owner’s field and its related data is shared between the Privacy Policy and the Terms & Conditions.
However, since the Terms may also have additional industry or country-specific requirements, we strongly recommend that you carefully read the sections below.

The most commonly required information is the following (more country-specific information is included in the section below):

  • The Owner’s identity, including legal trading status, if applicable. This must be the legally valid name of the Owner, for example, the Owner’s registered trading name.
  • The Owner’s contact details. Generally, email address, telephone number and/or fax number.
  • The geographical address of the Owner’s place of business. This can be the address to which the consumer can send complaints or return purchased products etc., where applicable.
  • Relevant codes of conduct. In Business-to-Consumer (B2C) contracts, the service provider should indicate relevant codes of conduct and information on how those codes can be consulted electronically. Likewise, where such codes of conduct exist for Business-to-Business (B2B) contracts, they should also be indicated in a similar fashion.

Since Terms and Conditions are legally binding contracts, it’s important to state legitimate contact details here. Also, do consider that, in many cases, under Consumer Law, customers must be able to contact you if the need arises.

Country specific requirements

In addition to the above, please apply the following considerations if based in the countries listed below.

Germany

The Owner must also state (where applicable):

  • The managing director’s identity.
  • The identity of the members of the board.

France

The Owner must also state (where applicable):

  • The legal status of the company.
  • Where applicable, the number of applications to the commercial and companies registry or to the job directory.
  • Where the company is subject to a public authorization system (e.g for the use of digital currency, long-distance sales, financial services, etc.), the name and address of the authority delivering this authorization.
  • The company’s VAT ID if applicable.

If the company is a member of a regulated profession, the Owner must state the professional title and the Member State in which the title was assigned, and the name of the professional body in which they are enrolled.

Additionally, the Owner’s contact information must allow direct communication.

Article 19 of the loi n° 2004-575 du 21 juin 2004 pour la confiance en l’économie numérique; article L.221-5 of the Consumer Code; article 1127-1 of the Civil code.

Italy

The Owner must also state (where applicable):

  • Whether the company is subject to direction (controlled) by another company.
  • The companies’ Registry where the company is registered and the related registration number.
  • The company’s tax code and VAT number.

Article 7 of the Legislative Decree No. 70/2003, articles 48 -1 and 49 of the Consumer Code.

The United Kingdom

The Owner must also state:

  • The company’s VAT number.

The Consumer Contracts Regulations 2013, the Data Protection Act 1998 and the Human Rights Act 1998.

Spain

The Owner must also state (where applicable):

  • Information on registration to the Spanish Commercial Registry (Registro Mercantil), or, registration to any other public register for purposes related to acquiring legal status, or advertising.
  • If subject to a public authorization system, the name of the authority or regulatory body in charge of supervision.
  • If a member of a regulated profession (such as an attorney), the Owner must state the professional college, the college number, the official and professional academic title, the Member State in which they practice their profession, and the applicable professional rules and how they might be accessed.
  • The fiscal identification number – Spanish CIF (Certificado de Identificación Fiscal).

Article 10, Ley 34/2002, of the 11th of July, de servicios de la sociedad de la información y de comercio electrónico

Belgium

The Owner must also state (where applicable):

  • The company’s identity
  • The Banque Carrefour des Entreprises (BCE) number. The BCE is the Belgian Companies Register.
  • The commercial name of the company

Volet VI “Pratiques du marché et protection du consommateur” of the Belgian Code of Economy, 31st of May 2014.

The USA

  • The UETA does not provide a checklist of information that is required prior to the formation of contracts, electronic contracts are simply assimilated to a written contract.

The Uniform Electronic Transaction Act is a United States Uniform Act, adopted by 47 states, Washington, New York and Illinois have other similar legislation.

See also

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