The European Union’s Digital Services Act (DSA) has ushered in a set of regulations to govern online services. For businesses operating beyond the EU but catering to its customers, a new rule mandates the appointment of a “legal representative”. In simple terms, this article breaks down why this requirement matters and how it helps your business follow the DSA.
E-commerce
As Black Friday, Cyber Monday, and Christmas deals approach, online businesses operating in the European Union (EU) need to be mindful of the regulations governing promotions and sales. Reports of shopping scams and strict penalties for misleading practices emphasize the need for online retailers to align their promotional strategies with both legal and consumer expectations.
In the United Kingdom, promotional activities like lotteries, competitions, and prize draws are common marketing tools used by businesses to attract customers. However, these activities are governed by specific laws and regulations to ensure fairness and transparency. Understanding the differences between these promotions and the relevant legal framework is crucial for business.
In the ever-evolving digital landscape, where the complexities of internet use have never been greater, the introduction of the Online Safety Act marks a milestone in the regulation of online conduct and the protection of users in the United Kingdom (UK). This article aims to provide a overview of the Online Safety Act, its key provisions, and the implications for affected businesses.
Software as a Service (SaaS) agreements and software license agreements are both legal contracts that govern the use of software, but they have distinct differences in terms of their scope, terms, and how software is provided to users. Here are the main differences between these two types of agreements.
The European Union (EU) is a lucrative market for many US-based e-commerce companies. However, selling to consumers in the EU requires compliance with a myriad of regulations and directives. This article highlights the most important e-commerce laws that US companies must be aware of when selling to European consumers.
When offering their software, vendors often seek to establish partnerships to extend their reach, tap into new markets, and leverage the strengths of other organizations in different territories or markets. Yet, while these partnerships can be mutually beneficial, vendors may wish to limit the scope of their software reselling for various reasons. These reasons can range from avoiding market saturation to ensuring the proper representation of their brand in specific territories.
Online shopping has become a staple of modern commerce, and with it comes the necessity for clear consumer protection laws. Here’s a comparison of the rights of consumers in Switzerland and the United Kingdom (UK) when it comes to returning goods purchased online.
The way businesses connect with customers has changed a lot in the digital age, offering new opportunities but also presenting new risks. To address this evolving landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a pioneering regulatory framework aimed at governing digital platforms and services while establishing new rules to regulate these service providers.
The European Union (EU) has taken a significant step forward in regulating online marketplaces with the new Digital Services Act, a pioneering piece of legislation that introduces various requirements for online platforms and other online service providers. One of the key provisions affecting online marketplaces is the “Traceability of Traders”, which aims to enhance transparency and accountability in the digital marketplace.
The European Union’s Digital Services Act (DSA) has ushered in a new era of online content regulation, aiming to create a more legally harmonized framework across the EU. It affects online intermediaries who offer their services (goods, content or services) on the European market, from e-commerce marketplaces and app stores to video-sharing platforms and search engines.
The way businesses work and connect with customers has changed a lot in the digital age. To adapt to this changing landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a ground-breaking regulatory framework designed to govern digital platforms and services and established a new set of rules to regulate these service providers.
As the digital landscape continues to evolve, the UK government is taking action to regulate digital markets and change its competition and consumer protection regimes. One example is the proposed Digital Markets, Competition and Consumers Bill (DMCC), which aims to significantly improve consumer protection, enhance the enforcement powers of the UK’s Competition and Market Authority (CMA) and introduce substantial penalties for non-compliance. In this article, we will explore the key objectives of the DMCC and its implications for online businesses.
Gift cards have become a popular option for offering gifts and rewards in the Business-to-Consumers (B2C) domain. As a business operating in the UK, it is crucial to understand the legal rules surrounding gift cards to protect both your customers and your business. In this article, we will outline the key legal rules that gift card providers should be aware of and explain how you can comply with them.
Social media giant WhatsApp has made a significant commitment to improving transparency and user rights concerning changes to its terms of service. In response to a joint action led by the European Consumer Organisation (BEUC), Competition and Consumer Protection Commission (CCPC), the Swedish Consumer Agency, and the European Commission (EC), WhatsApp has agreed to implement measures that ensure users are well-informed about the impact of updates to its terms of service. In this article, we will describe WhatsApp’s commitments and the implications for users, as well as highlight how other online companies can learn from these developments.
Recent findings from the CPC Network have brought to light worrisome practices regarding recurring subscription payments in the European Union (EU). These practices have led many customers to unwittingly sign up for unwanted subscriptions, thanks to deceptive techniques employed by online businesses (for more information, click here). It was discovered that 10% of EU consumers have fallen victim to such unwanted subscriptions in the past. In response, the European Commission, in collaboration with the CPC Network, worked with major card schemes like Mastercard, VISA, and American Express to introduce new rules that promote clarity and informed decision-making for consumers.
Online platforms have become the go-to destinations for individuals seeking information, products, and services. In this context, search result rankings have become an essential feature, enabling users to easily search for products or compare different options. Think of it as a virtual personal shopper, always at your service, showing results that are (supposedly) tailored to your preferences.
As an online business operating within the European Union (EU), it is crucial to be aware of the legal obligations and mechanisms in place to ensure consumer protection and dispute resolution. The European Online Dispute Resolution (EU-ODR) platform is a vital component of this framework. In this article, we will explore the EU-ODR platform and the key obligations, providing valuable insights for online businesses in the EU.
The European Commission has confirmed 19 online platforms and search engines identified as ‘very large online platforms’ (VLOPs) and ‘very large online search engines’ (VLOSEs) for the purposes of the EU’s Digital Services Act (DSA). Such companies must comply with the most stringent rules of the DSA.
The Federal Swiss Council has recently announced it is considering enacting new laws to regulate large platforms, including search engines (e.g. Google), social networking platforms (e.g. Facebook), multimedia platforms (e.g. YouTube) and microblogging services (e.g. Twitter), which could have far-reaching implications for the tech industry and digital communication. The move comes in response to growing concerns about the potential misuse of these platforms, particularly in terms of hate speech, fake news, and other harmful content.
Do you know how to protect your business from liability for products sold by third-party sellers on your platform? Liability for online marketplace sales is a complex and evolving area of law, and it’s crucial for businesses to understand their legal obligations and take proactive steps to minimize their exposure to risk. In this article, we’ll outline five key steps that businesses should take to avoid liability for products sold by third-party sellers on online marketplaces under US law. Read on to learn more and protect your business.
If you are an entrepreneur offering online products to consumers based in Switzerland, or an e-commerce platform looking to expand in Switzerland, it is essential to figure out what the cooling-off period is and how it differs from other European countries. The “cooling-off period”, also known as …
One of the rapidly changing areas in eCommerce law is the liability of online marketplaces for 3rd party products sold online. A recent ground-breaking decision by the Court of Justice of the European Union (CJEU) in December last year may shift the current understanding of online marketplace liability when dealing with intellectual property rights infringement.
If you are a small business, online platforms such as Amazon or Alibaba have ushered in business opportunities beyond just a local brick and mortar presence. And with more purchases moving online, it’s an economic necessity. Yet, the power of these platforms over your connection to customers can make or break your business. For over two years now, the EU’s Platform to Business (P2B) regulation…
Terms and conditions (T&Cs) are the terms of the legal contract between your business and your customers for the supply of goods or services that sets out the rights and obligations of both parties. This contract governs the relationship with your clients and is essential when starting your online business.
If you’ve decided to offer gift cards on your website, you’re not alone. The gift card industry in Europe was valued at $140.1 billion in 2021 and is expected to grow fourfold by 2032, a 12.4% compound annual growth rate. Closed-loop gift cards, which are limited to purchasing good and services at the merchant listed on the card, are a terrific way to gain new business and increase sales. Open-loop gift cards offer…
The EU’s Digital Services Act (DSA) came into force on 16 November 2022. In our previous article on the topic, we introduced some of the key requirements of this new legislation affecting online service providers in the EU. While most of the DSA’s obligations will only start to apply from 17 February 2024, specific transparency obligations will already come into effect from 2023. In this article, we look at this upcoming DSA deadline and outline what it means for online businesses in the EU.
One of the key provisions introduced by PSD2 was a set of security requirements for electronic payment processing, which includes the so-called “strong customer authentication” (SCA). SCA rules have a significant impact on the lives of online businesses and consumers.
One of the key documents for any online business is a good set of general terms and conditions of sale. These are the rules that apply to your agreement with your customers which will help them know where they stand and also protect your business.
When the current EU General Product Safety Directive was defined in 2001, e-commerce platforms were just emerging in the European Union (EU). Internet e-commerce was in its infancy, worth around €172 billion, of which 87% was B2B.
Replacement of “Black Friday” with “Green Friday” (they say Green is the new Black), increase in reported shopping scams and high penalties for misleading practices are just some of the complaints and effects associated with certain Black Friday deals and other online sale campaigns.
Current-day digital services, technologies and business models are near-unrecognisable from their counterparts covered by the E-Commerce Directive of the year of 2000. Some of the Directive’s key principles and provisions are outdated and no longer compatible with the newest technologies and business practices. It soon became apparent that a new package of legislative measures would need to be adopted at the EU level.
Based on the European Commission’s “New Deal for Consumers” initiative, the ‘Omnibus’ Directive (Directive (EU) 2019/2161) was adopted by the European Parliament and the Council on 27 November 2019. The EU Member States have implemented the Omnibus Directive into their national legislation, and Greece was not an exception.
Nearly eighteen months after the European Commission first proposed a Digital Services Act (DSA), on July 5, 2022, the European Parliament finally approved the final version of the DSA. The DSA is a legislation package applicable across the European Union (EU).
Terms and conditions are a set of rules. These rules generally form a contract between you, the user, and the service provider, whose website you are visiting. The terms of that contract are set out in the website’s terms and conditions, which explain what you are and are not permitted to do on the website and with its content.
Offering gift cards to your consumers can be a great strategy to bring in money. But, if your business sells gift cards to consumers based in the European Union (EU), there are some specific rules you need to follow. So, to help you better understand this thriving market and seize the opportunities for your business while reducing the risks, we’ve compiled the key questions surrounding the implementation of gift cards…
The new EU provisions brought by the Omnibus Directive aim to harmonise the protection of consumer rights across the EU, particularly by adapting them to the digital market. Spain implemented the Omnibus Directive provisions into national law through the Royal Decree-Law …
If you are involved in e-Commerce in the EU, you have probably heard of the Omnibus Directive, which came into force on 7 January 2020. A “New Deal for eConsumers” the Omnibus Directive focuses on protection for e-Commerce consumers that was not covered in the earlier EU package of legislation on consumer protection.
The “subscription economy” has grown five to eight times faster than traditional businesses over the last decade, according to a report by Zuora, a subscription management platform. With just one click, consumers can enter into subscriptions involving a range of goods and services, from utilities and beauty products to streaming platforms.
The European Union (EU) has committed to improving consumer protection in the single market thanks to its “New Deal for Consumers” strategy. As part of that plan, the Omnibus Directive (2019/2161/EU) came into force on 7 January 2020.
On 7 January 2020, the European Commission adopted the “Omnibus Directive” (Directive(EU) 2019/2161, the “Regulation”), which must be implemented by Member States as of 28 May 2022. EU and non-EU-based online platforms offering products, services, or digital content to consumers must comply with the new requirements.
If you operate an e-commerce marketplace in the European Union (EU) you must provide certain pre-contractual mandatory information about the third-party sellers (sellers) on your e-commerce platform to consumers.
If you operate an e-commerce website in the European Union (EU) that sells to consumers you must provide certain key information so that the consumer can make an informed purchase decision i.e. whether or not to buy. This information must be made available …
Reading customer reviews and comparing rankings of suppliers are now an increasingly important part of the buying decision for online products and services. According to www.statista.com “nearly 70 percent of online shoppers typically read between one and six customer reviews before making a purchasing decision.”
If you are an e-commerce business selling services or digital content online to EU consumers do your customers enjoy a right of withdrawal? Well, yes!
What is the right of withdrawal and what are the key points an EU e-commerce business selling goods online needs to know?
While an e-commerce provider that lists its products and provides some contact details in accordance with the EU e-Commerce Directive has made a decent start to its EU online contracting compliance, this is not in itself sufficient.
Bernie launches an e-commerce platform and starts selling. Business was going great but then…
One of the key documents for any business is a good set of general terms and conditions of sale (general conditions) for your product or service. Here are 3 key things you should consider when drafting general conditions for your business in Europe.
Ekaterina Filippova from Ekat Communication is often asked by her clients about how they should draft their general terms and conditions of sale. Here is what Kelly Logan recommends.
