E-Commerce
We are experiencing unprecedented changes in the retail sector: the rapid development of new technologies that are quickly taken for granted by customers but also an increasing density of regulation are leading to permanent pressure to adapt. Regulations on marketplaces, information obligations, accessibility requirements, special regulations for digital products, integration of AI tools, data protection, data security and "data as currency": we work with you to develop legally compliant e-commerce solutions that are state-of-the-art in terms of both technology and law.
E-commerce and the opportunities associated with it are developing rapidly - as are the legal requirements. Whether it's marketplace rules, information obligations, the legal framework for general terms and conditions, accessibility requirements, the integration of payment methods and financing solutions or special regulations for digital products or the use of AI tools: Compliance with current laws is essential. Violations can not only be expensive, but can also jeopardise the trust of your customers. We help you to design your e-commerce solutions in a legally compliant manner - from the contractual structure of your platform, general terms and conditions, data protection and regulatory compliance to industry-specific special regulations - to ensure that your digital sales channel is always legally up to date.
Our Services
Online business models
- B2C and B2B business activities of online shops and online platforms
- Apps and mobile applications (e.g. in-app purchases), social and mobile commerce
- Setting up/establishing and changing online shops and online platforms or corresponding sales models (e.g. joint seller models or the development of online shops into online platforms/marketplaces), including consideration of associated regulatory and tax law issues
- Cooperation agreements between providers/retailers and the companies technically operating an online shop (white label providers), including contracts with fulfilment/logistics service providers
Website-Compliance
- German Accessibility Improvement Act (BFSG)
- Customer journeys (compliance of customer journeys, e.g. with regard to mandatory information, general terms and conditions, Price Indication Ordinance, competition law)
- Data Act
- DSA compliance (Digital Services Act)
- Electronic mailboxes and electronic signatures (form and access requirements)
- Imprint
- AI tools: Use of AI/integration of AI tools in e-commerce
- Customer loyalty programmes
- Cancellation button and (future) right of revocation button
- Compliance with trade mark law
- Price Indication Ordinance and Unfair Competition Act (UWG; in particular misleading information, advertising statements, comparative advertising, requirements for advertising, in particular by telephone and email)
- Product-related compliance (e.g. Market Access Regulation) and other compliance requirements: Geo-blocking Regulation, P2B Regulation
- Law of electronic commerce
- Pre-contractual information requirements
- Cancellation policies
- Customs law and import sales tax
- For further information please check Digital Markets & Services
Terms of Use/T&C
- T&C law (in particular: Implementation of amendments to general terms and conditions, duration clauses, automatic contract renewal, price adjustment clauses, cancellation clauses)
- Digital products / consumer contracts for digital products (§§ 327 ff. BGB (German Civil Code))
- DSA compliance (Digital Services Act)
- Revocation instructions
E-Commerce Litigation
- Defence against warnings
- Defence against association actions (according to UKlaG (German Act on injunctions for violations of consumer rights and other violations), UWG (Act against Unfair Competition), VDuG (Consumer Rights Enforcement Act))
- Domain disputes
For further information please check Class Action & Mass Claims Defense
Payment transactions and financing solutions
- Processing of payments, e-payment systems and other payment methods
- Integration of payment service providers, regulatory compliance of the online shop/online platform
- Integration of BNPL solutions (buy now pay later): Implementation of payment options and financing solutions (e.g. purchase on account, deferrals, instalment payments, framework loans), including the implementation of associated factoring models
- Co-operation with payment service providers (PSP), banks and factoring companies
- Implementation of online subscription/rental models and differentiation from finance leasing, in terms of civil, regulatory and tax law
For further information please check Financial Services Regulation
Data protection requirements
- Data protection-compliant design of the front end of the website (e.g. data input fields; data protection consent, e.g. for the use of cookies or the receipt of newsletters; easy to find and transparent data protection information)
- Use of analysis, tracking and marketing tools based on cookies or similar technologies (consent requirements; design of consent/cookie banners; data protection relationships with providers, e.g. of retargeting/remarketing tools; design of corresponding data protection information)
- Data protection contracts with technical service providers, marketing partners, marketplace participants, etc.
- Internal data protection governance, including preparation of required data protection documentation and ongoing assurance of data protection compliance (e.g. early involvement of data protection management in the event of changes to the online shop/marketing measures, etc.)
For further information please check Data Protection
Industry-specific features
- Special data protection requirements in the healthcare sector (e.g. distribution of medicines; processing of health data)
- Mandatory information in relation to the presentation of products and any other requirements (such as authorisation requirements), e.g. for medicinal products under pharmacy law and drug advertising law, for foodstuffs under the Food Act or for motor vehicle sales under the Motor Vehicle Sales Ordinance (PkwEnVKV)
Selected projects
- Car manufacturer
Advising a car manufacturer on the legal implementation of digital sales in various forms, online shops, online platforms. - Bundesliga club
Advising a Bundesliga club on the reorganisation of a global e-commerce platform - DIY retail chain
Ongoing advice on distribution and antitrust law to a DIY retail chain, including on the development of a multi-channel distribution system - Retail chain
Advising a retail chain on the acquisition of the online platform real.de - International fashion label
Ongoing advice to an international fashion label on e.g. general terms and conditions, distribution, competitions and payment options in relation to its online offering - Online marketplace
Advising an online marketplace on the development of digital business models and the drafting of model contracts - Media company
Comprehensive advice to a media company on IT projects and digital business models including cloud solutions and drafting model contracts - Restaurant chain
Advising a restaurant chain on the development of a mobile order & pay app - Streaming platform
Ongoing advice to a streaming platform on data protection and eCommerce issues - Insurance company
Advising an insurance company on the implementation of new acquisition and sales software as a portal solution
“Like only a few competitors, Noerr covers the entire spectrum of distribution law and regularly handles complex, often cross-border large-scale projects for its clients. These benefit from the firm's distinctive full-service approach with its interdisciplinary co-operation.”
Juve, 2024/25“The Digital Business Group at Noerr advises in particular on commercial and distribution law issues at the interface with IP and IT. This range of expertise includes regular mandates in the e-commerce sector.”
Legal 500, 2024
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