German Attorneys for the e-Commerce Industry

Legal Solutions Made in Germany

German Attorneys
for the
e-Commerce Industry

Legal Solutions Made in Germany

Anyone wishing to purchase goods or services usually looks for more convenient, faster and cheaper transaction forms. An online presence is nowadays considered an indispensable prerequisite for lasting success as a supplier. Anyone who operates e-commerce should always be aware of the legal requirements and comply with them consistently. However, the complexity of the legal norms applicable in this area does not always make it easy to maintain a clear overview.

The German law firm Schlun & Elseven offers competent and committed legal assistance to provide our clients with the support they need. No matter what legal issue your company is currently dealing with, our multidisciplinary full-service law firm has the appropriate expertise and industry knowledge to develop clear and workable legal solutions. We are committed to ensuring that your company is always legally secure.

e-Commerce: The Way Forward

Today the majority of global trade and commerce is taking place online. Amazon, eBay, and other online stores now dominate the landscape, and the increase in popularity of social media has shown the power of online advertising. Having an online presence is now a vital step toward business success. In Germany, vast numbers of people directly purchase goods and services online. Online stores generally provide greater flexibility and more personalised products. Many customers now seek these personalised products and prefer to buy them over generic goods in more traditional stores. Online is the way forward for any company looking to break into the lucrative German market. However, new opportunities also present unique legal risks and challenges.

German law is known for being complex, and in e-Commerce, there are many factors businesses have to take into account. Legal statutes and considerations which operate in this legal area include:

  • The Telemedia Act: This law outlines the requirements that your company must display on its website. Such conditions include company name, address, email address, VAT identification number etc.
  • The Federal Data Protection Act: As an online operator, your company will likely come into contact with private consumer data. This Act outlines how your company should act in this matter to ensure compliance with the GDPR.
  • German Civil Code: The German Civil Code (BGB) outlines the regulations relating to general terms and conditions for companies.

As well as this, companies established in Germany must also be aware of laws relating to consumer protection and contractual requirements, whether the company is dealing directly with customers or with other businesses. Our lawyers can provide you with the clarity and guidance that you need.

Business Criminal Law: Cybercrime and Fraud Legal Advice

Cybercriminal activity is one of the greatest threats to companies in the e-commerce industry. Fraudulent activity, such as card testing fraud, refund fraud and interception fraud, can lead to significant difficulties for e-commerce companies. At Schlun & Elseven Rechtsanwälte, our lawyers regularly assist our business clients with preventing fraud from taking place.

As experienced professionals, our team of business criminal law attorneys can provide leading guidance regarding policies to detect and thus, prevent fraudulent activity.Cybercriminals have targeted the e-commerce industry in recent years, as a means of carrying our their activities. Should your company develop a reputation as a location for cybercrime, it can lead to a loss of customers and investors. Our lawyers will advise you regarding your legal options with data protection and what actions can be taken against fraudsters. Furthermore, should your company face allegations of business criminal law activity, our defence lawyers are ready to oversee your case and provide you with a clear insight into your options under German criminal law.

Commercial Law: Comprehensive Legal Services

For expert advice and assistance with German commercial law, look no further than Schlun & Elseven Rechtsanwälte. Our commercial law team advises companies of all sizes regarding distribution agreements, product liability, commercial agency agreements, warehouse agreements and more. Our team provides guidance regarding developing and maintaining suitable distribution channels for your company, that considers the unique characteristics of your enterprise.

We provide leading support to our clients in disputes with distribution partners. Additional to drafting distribution contracts, our lawyers also draft supply chain management contracts and customer service contracts in the area of after-sales management.

For e-commerce companies, we advise on matters of online marketing, copyright law, digital ordering processes and electronic payment systems. The team at Schlun & Elseven Rechtsanwälte implements our full-service model to provide your company with comprehensive legal support.

Contract Law: Analysis, Drafting and Negotiating

Engaging in business in Germany involves coming into contact with contracts of all forms. At Schlun & Elseven Rechtsanwälte, our contract law team is ready to negotiate, draft and analyse contracts for your business. Our lawyers will draft your company’s terms of service agreements, ensuring that they cover specific issues associated with e-commerce, are tailored to your company’s needs and cover essential provisions, such as

  • Acceptable uses of the site,
  • Disclaimers/liability limitations,
  • Intellectual property ownership,
  • Limited warranties,
  • Prohibited uses of the site
  • Warranties of use.

Furthermore, our lawyers draft and analyse privacy policies, user agreements and return policies.

When drafting essential agreements between your company and its suppliers, such as vendor agreements, our lawyers will ensure that you are protected. Our team draft secure contracts with clearly outlined provisions regarding:

  • Agreed prices or method of pricing
  • Confidentiality clauses
  • Indemnity clauses
  • Ownership clause
  • Terms of delivery
  • Term of payment
  • Termination clause

By engaging with our services, your e-commerce business can receive ongoing expert support with all its B2C and B2B contracts. As the law develops and changes occur, our team will be ready to advise you regarding steps that need to be taken to stay ahead of your competitors.