E-commerce regulations are still evolving and difficult to oversee. Moreover, various codes of conduct have been created by regulators such as the Personal Data Authority and Consumer & Market Authority. We offer you clear legal guidance to keep an overview of the large amount of rules in this area.
It is also very important to consider the protection of your idea, content (of your website) and domain name in a timely manner. This includes making written agreements about the rights to a website or app (e.g. with external developers). We can advise and guide you in this as well.
European legislator
Much of the e-commerce rules come from the European legislature. This aims to create a digital single market for the European Union within which online purchases can be made safely and smoothly (because without national barriers). The
e-Commerce Directive (aka E-Commerce Directive) has played an important role in this. Meanwhile,
the Digital Services Act (DSA) and Digital Markets Act (DMA) have also seen the light of day. Many other laws have also been introduced as part of the European Digital Single Market Strategy.
The member states of the European Union have a certain degree of freedom in fulfilling the obligations imposed from the European Union. As e-commerce usually involves crossing national borders, this can lead to challenges and uncertainties. We can advise and assist in this regard.
B2B, B2C and C2C
For business-to-business (B2B), business-to-consumer (B2C) and consumer-to-consumer (C2C), there is no one uniform set of rules. Each of these e-commerce models involves different requirements and challenges.
In B2B models, there is a lot of contractual freedom for parties, but rules regarding deadlines for payment, for example, must be considered.
B2C models, on the other hand, are highly regulated with consumer protection in mind. Think of the right of withdrawal with which web shops still regularly go wrong and of price reporting obligations. The consequences of non-compliance can be financially very unfavorable for the webshops, because, for example, they are not allowed to enforce payment for a delivered product or have to extend the cooling-off period to 12 months.
C2C models should at least consider the rules and responsibilities for (sales-facilitating) platforms and search engines.
Intellectual property law in e-commerce
Online inbreuk op intellectuele eigendomsrechten is aan de orde van de dag. Als platform of internetprovider gaat u hierbij niet standaard vrijuit. Zie ons eerdere
artikel over online handhaving van intellectuele eigendom.
Advertising law in e-commerce
Advertising law regulates how products or services may be promoted online. It ensures fair marketing practices and protects consumers from misleading or inaccurate promotions. Companies must carefully align their advertising strategies with these laws to avoid penalties.
Privacy law in e-commerce
Online platforms, apps and web shops collect a variety of personal data, ranging from identification and contact details to payment information and surfing behavior (through cookies, for example). The General Data Protection Regulation (AVG) imposes strict rules for processing this personal data, focusing on transparency, data security and the consumer's right to manage data. Companies must obtain explicit consent for certain data collection, implement adequate security measures to prevent data breaches and allow users to view, correct or delete their data. Similarly, newsletters may not be sent to a customer base without permission, for example. Compliance with the rules is not only a legal obligation, but also strengthens consumer confidence and the reputation of companies in an increasingly competitive online marketplace.
