Online trade law - E-commerce Law
A successful online trade also includes the lawful design of the internet appearance and offer, which may be great themselves, but it will not bring you any added value if it can be prohibited by competitors and competition authorities due to legal violations.
Whether via your own online shop, Ebay, Amazon or any other trading platform, online trading has become a significant sales channel for many companies and is extremely important. The added value of these forms of sales has many advantages but also involves risks concerning competition law.
Every commercial trader has to fulfil various legal responsibilities. Worth mentioning are the legal right of withdrawal, the order button, correct price labelling, the labelling of textiles and electrical goods. The reason for the mass of obligations for the retailer is that the consumer cannot touch the product as in a shop. He is therefore in need of more information.
If mistakes are made here, fair competition will be affected and competitors and consumer advisors will be summoned to the scene. Therefore, competition law (also called UWG) is a legal aspect in the e-commerce sector that should never be underestimated.
If there are violations, competitors and consumer advisors can take action against the seller by means of a warning letter, interim injunction or other legal action, in particular for cease and desist, removal and compensation. In such cases it becomes unpleasant and often expensive. In particular, the offers and advertising measures must be changed immediately, otherwise contractual penalties or administrative fines may be incurred.
You can avoid this additional expense in terms of time and money if you check your offers for conformity with the competition right at the beginning.
It should also not be forgotten that the legal requirements and rules regarding trademark law, design law and copyright law also play an important role on the internet – as they do in stationery trade. This is because new advertising opportunities on the internet bring further risks, such as keyword advertising using third-party trademarks or the duplication and use of third-party (product) pictures and texts for their own (advertising) purposes.
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I check your online shop and your website for legal admissibility, so that you can concentrate on your daily business and do not commit any infringement of competition law.
In addition, I will provide you with concrete implementation suggestions, examples and information regarding your further legal obligations (such as price details, order button, textile labelling regulation).
General terms and conditions are not legally required, but they protect you as a business owner, as especially liabilities can be limited. The use of general terms and conditions is therefore highly advisable.
If you have received a warning letter, an preliminary injunction or claim due to an alleged violation, we will find sensible and effective ways of defence.
If one of your competitors violates legal regulations, we will restore fair competition and compensate you for any damages incurred.
You are also welcome to visit my subpage “Competition law“, where I have compiled further information on this topic for you.
- Legal check of your online shop and your Ebay, Amazon or other offers,
- legal check of advertising measures in your offers,
- preparation of legal texts such as imprint, general terms and conditions, instruction on the right of withdrawal, draft of the withdrawal form, data protection declaration as well as legal information,
- specific instructions for action with regard to compliance with the price regulation, textile labelling regulation, the electrical law, delivery and payment conditions and many more
- creation of or defence against warning letters,
- conducting proceedings before the ordinary courts, in particular preliminary injunction proceedings and claims.