E-commerce
Lawyers
Does your business operate online? Our commercial team has specialist e-commerce lawyers who will work with you to develop an e-commerce strategy for your business.
E-commerce Law
Online commerce, whether that is business to business arrangements or business to consumer, is an evolving and excellent way to broaden your client base. It does however attract a range of legal compliance requirements, which can be complex to navigate.
We have worked with established businesses and start up businesses to create e-commerce strategies, and have created legally compliant platforms for those who only trade online.
When trading online there are a number of aspects of law which come into play, some of which might have a big impact on your business and the way you structure your e-commerce strategy. We have collaborated with businesses on many different aspects, including:
- The effect of consumer legislation
- Compliance with regulatory regimes
- Prohibitions under competition law
- Website customer journey and terms and conditions
- Data protection and GDPR requirements
Online Terms & Conditions
When it comes to selling goods or services online, getting the terms and conditions and associated policies, procedures and processes to accurately reflect what your business does and how it operates in practise and to ensure that those documents are validly incorporated in to the customer journey is vital from a legal perspective – however, it is not lost on us that this compliance must not come at the expense of the user experience and the business’ brand values.
We are experienced in working with branding teams, marketing teams and sales teams to ensure that the legal requirements work in tandem with the commercial requirements.
Do we need terms of service and a privacy policy on our website?
When dealing with consumers in an e-commerce setting, you are legally required to give certain information and they have certain rights. This is often largely dealt with in terms and conditions and privacy policies.
Regulatory & Compliance
When it comes to selling goods or services online, there are a number of legal requirements which must be considered and adhered to, including in respect of Data Protection, Consumer Protection Law and Competition law matters. Our expert advisors are able to assist with a wide range of regulatory and compliance matters, including financial services, international sanctions and industry sector product marketing and sale legislation, including pharmaceuticals and cosmetics legislation.
An increasing number of businesses are now faced with operating in highly regulated environments. Beyond those businesses operating with or engaging with sectors that would traditionally have been considered regulated.
Our services:
- Ensuring compliance with Consumer Protection Laws
- Corporate Governance & Advisory Services
- International & Regulated Sectors
- Financial Services & FCA Change in Control Support
- Health and Social Care Services (CQC)
Consumer Contracts
Our consumer contracts specialists can advise on the wide range of regulations which regulate consumer contracts, making sure they are compliant and protective.
The sale of goods and services to consumers is subject to a wide range of legislation and regulation. It is essential that your commercial agreements comply with consumer law. At the same time, you need to ensure that your interests are properly protected; which can be a fine balancing act.
Our services
- Standard Terms & Conditions
- Consumer Protection Laws
- Contract Disputes
- Commercial Contract advice
- Data Protection
- Media & Entertainment
Competition Law
Our team of experts offer expert competition law advice, provided in a clear and concise manner and in the context of assisting you in achieving your commercial goals.
If you are bringing a product to market, then we can assist you not only on your individual distribution agreements, but also on your whole distribution strategy. Is your distribution model suitable for what you want to achieve and for dealing with the threats you face? These are questions that go to the heart of protecting your business. The nuances of competition law mean that you may be able to better address your concerns by using a particular type of distribution model. We believe that something as fundamental as this is worth exploring and that our clients should be aware of their options.
Competition laws do not apply only to distribution agreements and can apply to any forms of agreements. In addition to distribution agreements, networks and strategies, we are also able to advise on all other aspects of competition law, including:
- Technology license agreements – including ensuring compliance with the Technology Transfer Regulations
- The internet – including your policy towards internet traders
- Pricing policies
- Abuse of a dominant position – including issues concerning exclusivity, tying, foreclosure and refusals to supply
- Research and development agreements
- Joint ventures
Consumer Law
The sale of goods and services to consumers is subject to a wide range of legislation and regulation covering areas including:
- Terms implied in to all contracts for supply of goods and/or services to consumers, including the requirement that goods are of satisfactory quality.
- Terms and conditions which are considered to be unfair (and therefore unlawful) for use in transactions with consumers.
- Misleading advertising rules and regulations.
- Unfair commercial practices including misleading consumers either through what is said prior to sale, or equally what is not said.
- Product safety, including post sale safety monitoring and reporting obligations.
- The requirements that must be met by any voluntary manufacturer’s warranty offered by a product manufacturer.
- The relationship between voluntary manufacturer warranties and consumer law.
- Distance selling regulations, including the ‘cooling off’ period generally afforded to consumers that purchase goods via a website or call centre.
Intellectual Property
For businesses which have a large internet presence, it is important to consider and protect your brand. Intellectual Property encompasses a vast and diverse array of business property from software and other copyright materials, to designs and logos and inventions and processes. The laws surrounding Intellectual Property fall into a number of areas, copyright, trade marks, design rights and patents.
Our Intellectual Property team have assisted start-ups through to multi-national businesses protecting their IP. How can we help you:
- Copyright & Trade Marks
- Brand Protection
- Buying and Selling Intellectual Property Rights
- Intellectual Property Licences
- IP Disputes
- Outsourced IP Services
- Protecting a Design
- Training and Workshops
Disputes
Our Dispute Resolution lawyers cover a full range of disputes from the complex and high value to the more modest. We represent clients in the courts, arbitration tribunals and use alternative procedures, including mediation, to resolve disputes.
Our Dispute Resolution team can support you with:
- Contract Disputes
- Data Protection Breach
- Land & Property Disputes
- Intellectual Property Disputes
- Professional Negligence
- Debt Recovery
Data Protection
Data is a valuable business asset and data protection compliance is a critical issue for companies and individuals alike. Our expert data protection lawyers regularly advise on a variety of complex data protection issues. Our services include:
- Supporting you in the event of a data breach
- Subject access requests
- Data protection compliance
- Data protection disputes
- Data protection audits
- Privacy policies
- Data protection policies
Whether you have just established your company or are an experienced data protection officer, our understanding of the market and law means we are able to apply a commercial and contractually sound perspective to our support and advice.
FAQs
What are the legal requirements for setting up an e-commerce business?
Besides assisting you with choosing and incorporating a suitable business structure, our experienced E-commerce legal team will advise you on website compliance, consumer law compliance as well as privacy and data protection. There are other considerations relating to online sales and electronic transactions that we can advise you on.
Do we need terms of service and a privacy policy on our website?
When dealing with consumers in an e-commerce setting, you are legally required to give certain information and they have certain rights. This is often largely dealt with in terms and conditions and privacy policies.
What can cause competition law breaches?
Anti-competitive agreements – if you enter into an agreement which may affect trade within the UK which aims or effects the restriction, prevention or distortion of competition within the UK.
Abuse of market power – if you have a monopoly for the provision of a service in a local area for e.g. provision of a bus service and you abuse your market power by unfair pricing you may fall foul of the law.
Cartel offences – Two competing companies enter into dishonest agreements to fix prices or share markets or rig bids.
Mergers – In addition to the above, there is a separate regime which applies to mergers of businesses. A merger may be investigated if two or more enterprises “cease to be distinct” and the result is the creation or enhancement of a market share of 25% or more in the UK or substantial part of the UK or the enterprise being taken over has a 25% or more share of supply before the merger.
Are there penalties if my business breaches competition laws?
There are potentially heavy fines for infringements along with many other repercussions. Offenders can be fined or directors can be disqualified. In certain instances offenders can be sent to prison. By reviewing your potential transaction or proposed contract we are able to advise you what your potential risk is regarding competition law breached. We will assist you in limiting your liability from a from a competition law perspective and as far as legally possible. Our aim is to provide you with as much protection as possible or flag what the worst-case scenario would look like.
How do we protect our trademarks, copyrights and other intellectual property in an online marketplace?
Our experienced Intellectual Property Law team is well recognised, having worked with household names and international brands.
Recent Work
Leading Brand
Advising a household name brand and product and hardware supplier on their direct to market portal terms and conditions.
IT Service Agreement
Advising, negotiating, and amending an IT Services Agreement for a nationwide investment management group.
Software Licence Agreement
Advised and negotiated a software licence agreement for a leading consumer electronics brand in relation to the use of an overseas-based technology company’s software in our client’s products being sold internationally. This involved the consideration of the international impact on the agreement, liaising with foreign counsel on specific points, advising on complex contractual components and negotiating amendments.
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When forming your new business you will enter into commercial contracts on a day to day basis.
Meet the Team
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Herrington Carmichael has once again been named in the Times Best Law Firms. We were first listed in 2023 and have once again made the Best Law Firms list for 2024.
