More information on the latest regulations governing e-commerce activities in San Marino

In derogation from the superordinate legislation of the Republic of San Marino on retail trade which requires a resident to hold the majority of the share capital; the recent law on electronic commerce introduces significant changes in the matter in order to regulate online sales in San Marino.

“electronic commerce” means any activity of trade in goods and services of any nature conducted through the use of electronic communications. The mere electronic presentation of goods or services which is not followed by the conclusion of transactions through the use of electronic communications does not constitute the definition of electronic commerce. 

The exclusive exercise of  ecommerce in San Marino can only take place through the issuing of a specific commercial license which is issued in the manner and form, as far as compatible, provided for by the Laws of the Republic of San Marino.

The holder of an exclusive electronic commerce license, whether a natural or legal person, cannot be the holder of another license. 
The operator who carries out non-exclusive electronic commerce activities is required to give written notice to the Office of Industry, Crafts and Commerce of the electronic commerce activity carried out. 
In the event that the economic operator who holds an exclusive electronic commerce license exclusive e-commerce license is a legal person, the shares or stocks of the share capital may be held by non-resident natural persons. 

The holder of an exclusive e-commerce license in San Marino must have a physical office located in the territory of the Republic of San Marino. Such location, if the activity is carried out through a goods warehouse, must also provide for the specific use of the location itself envisaged for the type of activity carried out. 
In the event that the e-commerce activity is carried out in an exclusive and direct manner, residential use is sufficient exclusively for activities with an individual license up to a maximum of €250,000.00 in turnover. 

The powers of control and access of the offices and the Police Forces are reserved according to the rules established for the locations of economic operators. 
Electronic commerce can be carried out via IT means and concern wholesale, retail and service activities. 
Disputes regarding the use of electronic communications and e-commerce practices fall under the jurisdiction of the Single Court – Civil Section – of the Republic of San Marino which applies the formula of the abbreviated procedure in the first instance.

Register of e-commerce activities in San Marino

Every activity that carries out online sales must register with the register of e-commerce activities which contains the following elements:

1. economic operator code;
2. domain;
3. addresses of email, specifying if certified;
4. server positioning;
5. manager positioning; if they are not under the control of a single entity and location, the following must also be indicated separately: the location of the customer service center, the logistics center and the management.

Once the elements referred to in the previous paragraph have been indicated, the registration number in the register of e-commerce activities is issued, which must be displayed on the site, and the authorization to use a specific identifying mark of the qualification of Sammarinese e-commerce operator.

Display obligations and specifications

1. The economic operator must make available, through the use of the network, in a simple, direct and permanent manner, the following information about its activity:
2. the name of the company or firmà;
3. the economic operator code number;
4. the e-commerce register registration number;
5. the Sammarinese e-commerce operator brand;
6. the registered office;
7. the contact details through which the customer can contact the seller to obtain information or to submit complaints. This information includes, among other things, the email address or addresses, telephone numbers and any other means that allows the economic operator to be contacted quickly and to communicate directly and effectively;
8. if the activity concerns wholesale electronic commerce, it must specify that the sale is aimed exclusively at operators in possession of a VAT number or equivalent codes;
9. the sale prices must be clearly indicated specifying whether or not they are amounts inclusive of indirect tax on purchases and the transport cost must be shown separately;
10. the place from which it will be shipped the good;
11. where the seller is subject to authorisation, the authority responsible for supervision must be indicated;
12. where the economic operator offers services that fall within a regulated profession, the professional institutes in which the economic operator is registered; in this case the economic operator must provide the legal references applicable in the State of establishment.

If an economic operator sends commercial communications, the methods by which the customer can request or stop such sendings must be easily visible in the various parts of the information system used for electronic commerce in San Marino.

Electronic communications that aim to promote goods and services of the economic operator must be clearly recognizable as commercial communications and must identify the categories of users for whom the advertising communication is created together with each promotional offer.

Further information:

• More information on Electronic Commerce
• Law 29 May 2013 n.58 – Law on the use of communications electronics and e – commerce