eCommerce

Comprehensive Legal Solutions for Compliance, Protection, and Growth

 

The rapid advancement of e-commerce has revolutionized global trade, offering businesses expanded reach and convenience. However, it has introduced significant legal challenges, including compliance with complex data privacy regulations like GDPR, managing cross-border taxation, and protecting intellectual property. Additionally, e-shops and marketplaces must navigate consumer protection laws and combat online fraud, making comprehensive legal oversight essential for sustainable growth.

ZK Law offers a wide range of legal services to e-shops and marketplaces, ensuring they remain compliant with laws and regulations, protect their assets, and mitigate potential risks. Below is an outline of key legal services We provide:

Business Formation and Structuring

  • Advising on the appropriate legal structure of the selling processes.
  • Identifying legal challenges of the sale ecosystem.
  • Structuring agreements and governance documents

Regulatory Compliance

  • Data Privacy and Protection: Ensuring compliance with GDPR, and other data protection laws
  • Consumer Protection Laws: Advising on compliance with e-commerce and consumer rights laws (e.g., return policies, warranties)
  • Advertising and Marketing Compliance: Ensuring online advertising complies with truth-in-advertising laws, anti-spam laws, etc.
  • Anti-money laundering (AML) and Know Your Customer (KYC) procedures for marketplaces.
  • ePayments Regulations. Advising on how PSD2 affects Marketplaces, advise on Strong Customer Authentication Structure, advising on Liability issues and fraud.
  • Competition Law Compliance: Advice on vertical and horizontal sale structures, franchise schemes and anti-competitive structures etc.

Contract Drafting and Review

  • Drafting and reviewing contracts (including T&Cs) with vendors, suppliers, logistics providers, courier and carriers, payment processors, advertising agencies and customers
  • Negotiating service-level agreements (SLAs) with third-party sellers and partners
  • Drafting website Terms and Conditions, Privacy Policies, and Cookie Policies

Intellectual Property Protection

  • Securing and protecting trademarks, copyrights, and patents
  • Handling domain name disputes and advising on cybersquatting
  • Dealing with counterfeit products and intellectual property infringement cases
  • Brands’ NFTs portfolio management

Taxation and Cross-Border Transactions

  • Advising on sales tax collection and remittance obligations in different jurisdictions
  • Handling cross-border tax compliance for international sales
  • Structuring the business for tax efficiency in e-commerce

Dispute Resolution and Litigation

  • Handling consumer disputes related to products, services, and returns
  • Defending against intellectual property claims, including copyright and trademark infringement
  • Assisting in dispute resolution for cross-border transactions and delivery issues
  • Representing clients in class-action lawsuits or regulatory investigations

Cybersecurity and Data Breach Response

  • Advising on cybersecurity best practices and regulatory compliance
  • Handling legal obligations and response plans for data breaches
  • Managing consumer notifications and regulatory reporting in case of breaches

Consumer Rights and Product Liability

  • Ensuring compliance with product safety regulations and consumer protection laws
  • Handling disputes over defective or dangerous products
  • Advising on recall procedures and liability issues

Licensing and Partnerships

  • Drafting licensing agreements with software providers, suppliers, and partners
  • Negotiating partnerships with logistics providers, payment processors, and third-party platforms

Anti-Fraud Measures and Legal Risk Mitigation

  • Advising on fraud prevention measures and e-commerce-specific risks (e.g., chargebacks, phishing)
  • Implementing risk mitigation strategies for transactions and user interactions

Payment Systems and Financial Regulation

  • Advising on regulatory issues related to payment systems and financial services
  • Structuring secure and compliant payment processing methods

Marketplace-Specific Services

  • Advising marketplace operators on compliance with multi-seller platform regulations
  • Structuring agreements and policies for third-party sellers
  • Ensuring platform compliance with international trade laws, customs regulations, import/export controls.