Ecommerce generally means doing business online by selling products and services through an online store. This could be as straightforward as selling goods through an eStore, or alternatively you might allow users to subscribe a service you offer through your website, such as access to a database, a social networking platform, a website management solution, or any another service.
What legal considerations apply to ecommerce?
- Competition online is fierce and the way to set yourself apart from competitors is to have a memorable, distinctive brand name which you can own. Securing a trademark and domain name is crucial.
- Other Intellectual property considerations are important when doing business online. For example you will need to ensure that your website does not incorporate material which infringes upon the copyright, trademarks, designs or other rights of third parties
- Basic issues which arise in relation to all business contracts will apply to the agreements you make with online customers. The provisions of the Unfair Contract Terms Act, implied terms of contract, and rules relating to business terms will need to be considered.
- Distance Selling Regulations require you to allow customers time to cancel their orders if they wish to do so, and also mean that you need to supply them with your terms of business in a durable form, along with a range of other information.
- Websites are within the scope of advertising regulation, which prohibits misleading content.
- The law of defamation covers any material published online.
How can we help?
We have an in depth understanding of ecommerce issues and can advise you on the documentation you need, how best to structure transactions and how to manage your liabilities and risks. You can find more information about the documentation you ought to have in place on our website: Ecommerce Terms