Experience. You'll want to find a lawyer with the right mix of experience in consumer, technology and privacy law. They should be fluent in current eCommerce legislation and (ideally) have some working knowledge around the type of business you are running.
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One of the main services offered by an eCommerce lawyer is to reduce a business' legal liability and protect its rights when trading goods and services on the web.
E-Commerce law encompasses all the legalities associated with the e-commerce industry. Each type of e-commerce company is required to abide by certain laws and regulations just like any other business and can run into legal issues that require help from an experienced e-commerce lawyer. The laws that apply are numerous and can be complex.
eCommerce attorneys that know the ins and outs of drafting and negotiating the gamut of e-Commerce agreements are able to counsel clients on various legal and business aspects of contracts for a variety of services, from software as a service (SaaS) and other hosted services and digital marketing, to software and website development. Hinch Newman possesses experience productively collaborating with clients and third-parties with whom the firm's clients do business in order to ensure that the complex agreements which govern such relationships protect its clients' interests.
Protection of intellectual property assets, domain name disputes, consumer privacy and data security, ADA website compliance and online marketing are all issues that warrant detailed consideration and should be discussed with an experienced eCommerce lawyer. The firm has years of cutting-edge experience at drafting and negotiating Internet website agreements, including, but not limited to, click-through and web-wrap agreements, terms of use, software licenses, privacy policies and web-hosting agreements.
Accordingly, reviewing both available domains and existing trademarks can help determine both what is available for use by your company, what related domain names it might make sense to purchase and whether the contemplated domain name works from an IP perspective.
If you intend to collect personal information about your website visitors, including just tracking what is in their cart after they leave the website, your company is likely to be subject to a broad range of additional regulations and obligations.
The internet has transformed the way all companies do business today, but it has especially changed retail through e-commerce. Any company that sells services, products, or other items online is subject to not only traditional laws affecting small business, but also a host of legal issues specifically affecting e-commerce.
On the other hand, a review that says you stole credit card information when it is untrue can be construed as libelous—assuming you know who wrote the bad review. A defamation lawyer can help you assess the merits of a possible dispute.
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An eCommerce lawyer specialises in eCommerce law and typically has extensive knowledge in fields of consumer, technology and privacy law.
An eCommerce lawyer can be used at any stage of your eCommerce business, whether you are just starting out, are already operating or want to expand your horizons.
The roles and responsibilities of eCommerce and commercial lawyers are quite similar, but one of the key differences is around the clients they serve.
An eCommerce lawyer may offer a wide range of services that span across consumer, technology and privacy law. You may enlist their legal support for:
eCommerce is evolving at such a rapid rate that businesses can find it hard to navigate the legal minefield around trading goods and services online.
That's up to you to decide. You may feel it depends on the specific legal issue you are facing. If you're in the initial stages of setting up an online business, you may be able to do some of the legal legwork yourself.
When it comes to your online billing and shipping practices, the bottom line is you need to avoid deceptive practices. Liability can be triggered for deception under both FTC and state consumer protection statutes. Some states have specific statutes dealing with deceptive online billing practices, as will be discussed. Of course, you need to figure out what activities are considered deceptive if the first place to avoid liability.
The term “negative option feature” is defined by the FTC broadly and refers to a category of transactions in which a customer’s failure to take an affirmative action, either to reject an offer or cancel an agreement, is considered by the seller as assent to be charged for some goods or services. If you engage in these practices, FTC laws require that ads for subscriptions clearly and conspicuously disclose material information about the terms of the offer. (Failing to disclose important information is always considered a deceptive practice under the FTC Act and/or state consumer protection statutes).