Mandatory information on a website

It is common practice for companies to have their own websites. A website improves the company’s image, creates room for promoting the company and is often also the first point of contact with the company. However, running a website also comes with certain obligations. These arise mainly from the Commercial Code (Act No. 513/1991 Coll.).

Under the Commercial Code, the website operator is required to state on its business documents (e.g. orders, invoices, credit notes…) its business name, registered office or place of business, the legal form of a legal entity and its identification number, if one has been assigned. Entrepreneurs registered in the Commercial Register (ORSR) or in another register of entrepreneurs also state the name of the register in which the entrepreneur is registered and the registration number. Likewise, Section 3a(3) states: “The entrepreneur is also required to state the information under paragraph 1 on its website, if it has set one up.” This means that the same information as in business correspondence should also be given on the company’s website.

This provision applies to the websites of all companies in the territory of the Slovak Republic that operate or carry on their activities here.

Please note that the law does not impose an obligation to set up a website; it only regulates the obligations an entrepreneur has if they voluntarily decide to set up a website.

Stating the above information is therefore an obligation, but how or where this information is to be stated is not specified. We therefore recommend giving this information in the “Contact” section, i.e. in the footer of the website. If the information is not directly visible on the site, the entrepreneur may also publish it in the general terms and conditions.

Example

E-shops, as online stores, are subject to additional conditions, which arise not only from the Commercial Code but also from the provisions of the Act on Consumer Protection in the Sale of Goods or the Provision of Services under a Contract Concluded at a Distance or a Contract Concluded outside the Seller’s Business Premises and on Amendments to Certain Acts.

Act No. 102/2014 Coll. Sections 1 and 2 of this act specify which activities are subject to it, i.e. which activities are classified as e-shop activities. Section 3 sets out the information that must be provided before a contract is concluded through an e-shop. This is also where you will find that, in addition to the general information that applies to all websites, e-shops must also display the following information:

• the seller’s telephone number and other details needed for communication, in particular an e-mail address,
• the price and other conditions relating to the pricing of the goods/services supplied,
• the seller’s address at which warranty claims, complaints or other submissions can be made,
• payment and delivery terms, the delivery period and the warranty claims procedure,
• information on withdrawal from the contract, the duration of the contract and other contractual terms
• and more.

You can study all the requirements in Act No. 102/2014 Coll.

These obligations are likewise also regulated by Act No. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll.

Section 4 sets out the information that an entrepreneur must provide on an electronic device:

1. the name, business name and registered office of the service provider if it is a legal entity, or the first name, surname, place of business and residential address of the service provider if it is an individual,
2. the tax identification number, if the provider is a VAT payer,
3. an e-mail address and telephone number,
4. the name of the register in which the provider is registered and the registration number,
5. the name and address of the supervisory or oversight authority to which the service provider’s activities are subject.

With Act No. 452/2021 Coll. on Electronic Communications, which took effect on 1 February 2022, businesses that run a website became obliged to inform visitors about the existence and handling of cookies. Cookies are text files used for the analytical evaluation of activity on a website. The necessary data (cookies) that enable the basic functionality of websites are mandatory for every visitor. However, visitors can choose whether they also provide the website, or its operator, with optional data that track their activity on the site for marketing purposes. More information about cookies, their regulation, security and privacy protection can be found in the ACT.