E-commerce

What is E-commerce?

E-commerce is the term for electronic commerce. The advent of the internet, in particular, has caused a huge increase in e-commerce. Additional regulations exist for this field. Therefore, in some cases, different rules apply to non-electronic commerce. A specialized e-commerce lawyer is recommended.

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E-commerce Rules

Specific legal rules apply to e-commerce. For example, other rules apply with regard to the obligation to provide information concerning general terms and conditions. If the user of general terms and conditions makes them available electronically, he must also ensure that the other party can save the general terms and conditions so that they can be consulted at a later date.

Another example is that consumers are extra protected when they make a purchase on the internet. In many cases, if a consumer makes an online purchase, the “Distance Selling Act” applies. In that case, the consumer has more rights than with a “normal” purchase.

Online companies must adhere to these rules. Failure to do so could be an unfair commercial practice. Therefore, one can be held liable for this out of tort. Misleading advertising, unlawful comparative advertising, brand use in online advertising, cookies, privacy, spam, and social media also form part of the regulations for e-commerce. Disputes can arise between competitors themselves, towards consumers, before the Advertising Code Committee, ACM or before a government judge.

What do we do?

We assist companies that experience difficulties in doing e-commerce. For example, we can assist in disputes with competitors who do not comply with the “Distance Selling Act”, competitors who advertise on your brand or trade name, or if there is a data breach in a webshop.

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Examples of Cases that we handled

We have dealt with several issues related to e-commerce. Below are some examples:

  • We have advised various customers on the correct way of providing general terms and conditions electronically;
  • We have advised various clients on the extent to which the “Distance Selling Act” applies to them;
  • We have maintained brand rights in Google Adwords campaigns;
  • We defend against false claims of misleading advertising;
  • We advise whether the use of cookies is allowed;
  • We deal with disputes regarding the development of web shops;
  • We have successfully defended an online auction against claims of misleading advertising (Advertising Code Commission, court, court of appeal).

What can we do for you?

We can do several things for you in e-commerce matters, including the following:

  • We can estimate your legal position;
  • We can test for you whether the general terms and conditions have been handed over correctly;
  • We can assess whether the “Distance Selling Act” applies to you, and how you comply with it correctly;
  • We can assist you in disputes with competitors regarding the application of the e-commerce rules.

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Contact

Are you dealing with internet law? LAWFOX’s lawyers are happy to assist you. We have a team available for you that is glad to help with all your questions about internet law.

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