E-Commerce and E-Business

Companies which run a web shop are obliged to keep a number of rules in order to behave legally compliant. It is necessary to have an already existing web shop or a web shop which is still under construction checked by a specialized attorney if it is legally compliant. In many cases the terms and conditions have to be reworked since a few clauses are not up-to-date anymore or can cause a reminder. It is also important to draw the attention to current, correct and completed right of revocation. The company in charge is also obliged according to the law of disclose information, to give hints to the customer for the order process, especially for the shopping cart. Furthermore, according to the price regulation all products of the Internet shop have to be priced exactly, the prices have to be transparent for the customer; whether the tax is included in the price or not. Additionally, every owner of an Internet shop has to draw a data private policy up and has to ask for and save the required agreements for data security. If the customer is offered a news letter, it has to be treated with the double-opt-in procedure in order to avoid reminders in terms of competition law. Moreover, the guidelines of regulation on packaging, on clothing, on batteries, on electronic scrap and the guidelines of the customs have to be considered. If non-copyrighted protected descriptions of products or violations of copyrights of third parties will be detected by competitors, costs of some thousand Euro will be caused which could have been avoided.

Each mistake in the terms and conditions, in the order process, with prices, within the data privacy policy, with the agreements, with details for dispatch, with details for the customs, within the legal details, etc. can lead to reminders with costs by competitors or the Consumer Protection Board. The costs for the reminder and the professional judgement of the attorney can easily reach 1000 Euros or even more since the company has to mandate an attorney besides the costs of the reminder. The risk of a reminder can be well reduced by a legal expertise of the Internet shop and many costs can be saved therefore. The costs of a legal expertise are manageable and in contrast to the costs of the reminder they are relatively low.

Our legal office undertakes the task of legal expertise of existing, planned internet shops or shops just before the relaunch and will render the following service:

  • Actual quantity taken with a questionnaire for the examination of the webshop
  • Drawing up and updating of terms and conditions
  • Expertise of product range and order transaction
  • Writing of necessary confirmation emails
  • Drawing up of customers’ information acoording to the law on the obligation to disclose information
  • Expertise or updating of the data privacy policy
  • Drawing up the required agreements for data protection
  • Checking of newsletter procedure and agreements for direct marketing
  • Checking of requirements of further specific guidelines, especially price regulation, regulation on packaging, on clothing, on batteries, on electronic scrap, etc.
  • Drawing up of legally compliant details/imprints
  • If necessary the function of the external data protection commissioner