E-commerce is no longer a secondary commercial activity in Lebanon. It has become part of everyday business, whether conducted through dedicated websites, mobile applications, online marketplaces, or commercial pages on social media.
The ease with which an online store can be created, however, does not place the activity outside the law. Once a business offers goods or services online, receives an order, processes a payment, or collects customer information, it enters into legal relationships that may give rise to contractual obligations, civil liability and, in certain circumstances, criminal consequences.
Lebanese Law No. 81/2018 on Electronic Transactions and Personal Data provides the principal legislative framework in this area. It does not operate in isolation. The Lebanese Code of Obligations and Contracts, the Code of Commerce, consumer-protection legislation and the Code of Civil Procedure may also apply, depending on the nature of the transaction and the dispute.
The identity of the online trader must be clear
One of the most common problems in online commerce is the use of a commercial name or social-media page without clearly identifying the person or company operating behind it.
Lebanese law requires an online trader to make identifying and contact information easily, directly and permanently accessible to customers. Depending on the legal form of the business, this information may include its name, legal status, business address, email address, telephone number, commercial-registration details and tax-registration information.
The total price must also be communicated clearly. Customers should know the amount they will actually be required to pay, including taxes, delivery charges and any additional costs. These requirements are not merely formal. When a dispute arises over payment, delivery or the quality of a product, the customer must be able to identify the party with whom the contract was concluded.
Contractual terms must be available before acceptance
An electronic contract remains a contract. The customer’s consent must relate to terms that were available before final acceptance.
A brief statement that a transaction is subject to the store’s terms is not necessarily sufficient. The terms should be clearly accessible and presented in a form that allows the customer to read, retain and reproduce them. They should address the ordering process, payment conditions, delivery, cancellation, returns, applicable guarantees, complaint procedures and the rules intended to govern any future dispute.
Terms copied from a foreign website should be treated with caution. They may refer to foreign legislation, regulators or courts that have no connection with a transaction conducted in Lebanon. Contractual terms should be drafted for the particular business, the products or services being offered and the countries in which customers are located.
Customers must be able to review and correct their orders
Law No. 81/2018 requires an electronic offer to explain the steps involved in concluding the contract and to provide technical means through which customers can identify and correct errors before giving final approval.
Before confirming an order, the customer should be able to review the product or service, quantity, price, delivery costs, delivery address, payment method and total amount. This may appear to be a technical feature, but it serves an important legal purpose. If a disagreement later arises regarding quantity, price or delivery information, the ordering record and the confirmation process may become central evidence.
When is an electronic contract concluded?
Electronic transactions raise an important question: at what moment does acceptance become final and legally effective? Lebanese law requires the offeror to acknowledge receipt of the other party’s acceptance within a reasonable period or within the period stated in the offer.
Following an order, the customer should receive a clear communication containing the order number and date, the goods or services requested, the amount paid, the delivery method and the terms accepted. The confirmation message is not merely a customer-service measure. It may constitute significant evidence of the existence and content of the agreement.
It is also useful to distinguish between acknowledgement of receipt and final acceptance of the order. A store may need to verify payment or confirm the availability of a product before accepting the transaction. If these stages are not distinguished clearly, a dispute may arise as to whether a binding contract was concluded.
Electronic records must be preserved properly
Lebanese law recognises the legal and evidential value of electronic writing and electronic instruments when the person from whom they originate can be identified and when they are created and retained in a manner that safeguards their integrity.
Online businesses should therefore preserve order records, confirmation messages, payment information, customer communications, delivery documents and the version of the contractual terms that applied on the date of each transaction.
A screenshot alone may be insufficient if it can be modified easily or if its date and origin cannot be established. The evidential value of a digital record depends not only on what it shows, but also on how it was generated, stored and protected against alteration. Lebanese law allows courts to examine electronic traces and obtain technical expertise when assessing the reliability of electronic documents and signatures.
Customer data is not the unrestricted property of the business
Online stores commonly collect customers’ names, telephone numbers, addresses, payment information and purchasing histories. Such information may constitute personal data protected under Lebanese law.
Possession of personal data does not give a business unrestricted freedom to use it. Collection should be linked to a specified and legitimate purpose, and the data should be used only to the extent necessary for the transaction or for another purpose properly communicated to the individual.
A privacy policy should explain what information is collected, why it is needed, how long it will be retained, with whom it may be shared and what measures are used to protect it. Businesses must also examine the external services integrated into their websites. Customer information may be transferred to hosting providers, payment processors or marketing platforms located outside Lebanon, giving the processing a cross-border dimension.
Electronic marketing does not justify unsolicited messages
Online advertising must be identifiable as advertising, and the person or business on whose behalf it is distributed must be disclosed. Lebanese law also regulates unsolicited promotional communications and requires recipients to be given a practical means of requesting that the messages stop without incurring costs.
Purchasing lists of telephone numbers or email addresses and distributing mass advertisements is not necessarily lawful merely because the practice is common. A previous transaction with a customer does not provide unlimited authority to use that person’s information for continuous marketing.
Cross-border transactions require additional analysis
The legal position becomes more complex when a website targets customers in several countries, or when the payment provider, hosting company or one of the contracting parties is located abroad.
In the event of a dispute, the place where the website is registered will not necessarily determine every issue. It may be necessary to identify the courts having international jurisdiction, the applicable law, the place of contractual performance, the location of the damage, the defendant’s residence and the country in which a judgment can ultimately be enforced.
A clause selecting a foreign law or court does not always settle these questions conclusively. Mandatory rules may intervene, particularly in consumer contracts, and a court may scrutinise a clause that effectively deprives the weaker party of legal protection. Jurisdiction and governing-law clauses should therefore be drafted in light of the markets targeted by the business and the practical prospects of enforcing a judgment.
Legal compliance begins before the website is launched
Terms and conditions, privacy policies, consent procedures and electronic-record systems are not decorative pages to be added after a website begins operating. They form part of the legal structure of the business.
The cost of obtaining an appropriate legal review before launch is usually limited when compared with the consequences of an unclear contract, a data breach, a consumer dispute or an electronic record that cannot be relied upon before a court. Compliance cannot prevent every disagreement. It can, however, reduce legal uncertainty, clarify the parties’ rights and place the business in a stronger position when litigation becomes unavoidable.
This article discusses general legal principles and does not constitute legal advice concerning a particular transaction or dispute.