Legal consultancy on E-commerce is becoming a necessity for all online businesses. The ever-changing legislation and a series of legal areas are becoming applicable to E-commerce.
By using legal services both for ensuring compliance with incidental legislation in structuring products and services, expanding and internationalizing the business, ensuring the protection of the companies through the documentation on the website, drafting contractual documentation, and establishing the rights and obligations of consumers to avoid complaints, the companies ensure the success of their activities by eliminating or reducing the risks.
NewLegalWay provides legal consultancy and legal assistance on E-commerce on the following aspects:
- Opening an online store: setting up a company, reserving the domain on the internet, drafting and negotiating website creation/development service agreements and website hosting service agreements;
- Drafting and/or revising the Terms and Conditions regarding the use of the website and the provision of the goods/services, the Cookies Policy (including the distinction between the company’s policy and the policies generated by third parties, as well as drafting of warnings);
- Structuring online services and products (g. online loans, insurance, extended warranties, product-related services, associated warranties);
- Conclusion of agreements on distance (legal provisions, effects, rules on orders and rules on returns);
- Legal guarantees, commercial guarantees, extended guarantees, as well as clarification of the rights and obligations of the various actors (manufacturer, trader, insurer) on the market of products and services;
- Drafting and negotiating important agreements for the activity of the online store (agreements with payment service providers, with courier service providers, with logistics service providers);
- Legal aspects and risks associated with various types of e-commerce platforms (SaaS-Software as a Service, open-source and custom / customized);
- Consultancy on the sale of products through the marketplace and the agreements with marketplaces;
- Consultancy on drop shipping;
- Advice on loyalty programs, discount vouchers, shopping cart gifts, discount campaigns, contest regulations;
- Consumer rights regarding online purchases (consumer rights in agreements with professionals, as well as personal data rights provided by the GDPR – for more details see the section on Personal Data Protection and Consumer Protection);
- Online marketing: advice on adapting marketing strategies and compliance with legislation (especially the provisions in the field of data protection), misleading, illegal advertising;
- Legal advice regarding the subscription to newsletters and communications for marketing purposes (e-mail marketing) as well as un-subscription’s management;
- Drafting and negotiating agreements for online marketing campaigns and affiliate marketing agreements;
- Drafting and negotiating advertising agreements (service/collaboration agreements) with influencers / online platforms/agencies (influencer marketing), sponsorship agreements, licensing agreements/assignment of intellectual property rights (for more details see Advertising and Media section);
- Training for employees and collaborators of the companies with online activities;
- Consultancy on the processing of personal data in databases, website, management system, emails, documents and reports, storage or use of information of potential customers or social profiles, as well as drafting the necessary internal procedures according to GDPR (for more details see the section on Personal Data Protection and Consumer Protection);
- Consultancy on matters related to consumer legislation, elimination of abusive clauses;
- Consultancy on the registration and protection of web pages and databases;
- Legal advice on agreements concluded with universal online stores (eMall), marketplaces (third party marketplaces);
- Consultancy on the sale of products within virtual communities and the activities of value-added service providers for e-commerce channels (value chain service provider).
E-commerce, guarantees and insurances on IT equipment and components
- Determining the rights and obligations if devices such as IT equipment and components, electronics, appliances, telephones, laptops, tablets benefit from extended commercial guarantees or insurance policies, as well as drafting the related documentation.
Payments in E-commerce
- Consultancy on E-commerce payments (credit/debit / prepaid card payments, electronic/digital wallets, payments using devices, mobile payment applications, online payments using mobile phone numbers, messenger applications for payments and money transfers, payments by e-mail, payments in cryptocurrencies) – for more details see the section Fintech and Banking &Finance;
- Agreements concluded by merchants with payment processors, advice on cross-border payments, processing, reconciliation, and reporting of payment transactions;
- Consultancy on the services provided by Fintech companies in E-commerce (customer financing, global currency exchange, cash advance, real-time payment, financing through e-commerce platforms, accounting, money transfers, financing through credit cards, open banking);
- Legal assistance in front of the National Authority for Consumer Protection, the National Supervisory Authority for Personal Data Processing, for more details see the Compliance and Competition section.