Our legal checklist for starting your own e-Commerce business!

Our legal checklist for starting your own e-Commerce business!

With the rise of technology and the impact of the pandemic on our shopping habits, online shopping has become a staple activity in our day-to-day lives. Notably, the number of global digital shoppers has grown from 1.66 billion in 2016 to 2.14 billion in 2021. Because of this huge potential customer reach, more and more people are starting up online stores as ‘side hustles’, or even as their full-time employment.

However, too many are going into this endeavor legally unprepared. There are countless opportunities for legal trouble due to the nature of e-commerce and the private information processing that it incurs.

At London-based Adam Bernard Solicitors, we believe that prevention is key and much cheaper than fighting a legal case against you. Therefore, our expert Commercial Contract lawyers have compiled a checklist of legal safeguarding that will keep your online business compliant with the law and protected from trouble:

If users are interacting on the page, in terms of reviews and comments, then you need a Website Acceptable Use Contract.

These types of agreements monitor the actions of internet users on your page and protect your online business from liability that could be caused by them. Within this document, your business can set out rules of conduct and consequences for rule breaks by users.

In the development of your website and interface, an IT Services Agreement could be of use.

This type of agreement could be made between yourself and your web developer. The document would include clearly defined roles for you and your developer, describing your expectations of their responsibilities. In addition, it could include details of the agreement’s duration period, remedies if something were to go wrong in the process, and information surrounding the registration of your web domain name.

Due to the handling of customers’ private information, your online store would need a series of Data and GDPR Contracts to ensure that you are being compliant with General Data Protection Regulations (GDPR). These regulations and laws can be complicated to understand. The documents listed below will make sure you keep compliant. These documents include:

Privacy and Cookie Policies to detail how you are using client information to act as evidence of proper handling and procedure, protecting your business from data misuse charges.

Additionally, if you are using a third-party source to analyse your customer data for analytics and marketing optimisation, you will need a Data Processing Agreement and/or a Data Sharing Agreement.

Lastly, your online shop will need E-Commerce Terms and Conditions that will describe clearly how your business works, prevent misunderstandings, and keep you compliant with consumer protection laws.

Whether you are a small Etsy store selling handmade jewellery or a larger scale online fashion retailer, your online store can benefit from implementing our legal checklist. At Adam Bernard Solicitors, we provide all of the contracts we have listed above at an expertly-written level, tailor-made with your own specific business in mind.

Do not wait any longer to protect you online business from legal liability; contact us on 0207 100 0505 to have a free initial consultation.

Where can you find us?

Adam Bernard Solicitor’s office is located near Upton Park Station, adjacent to the famous West Ham Stadium, with excellent access to the underground and bus routes. If you are driving then there is free parking available at the front and the rear of our office building.

Edited by Sara Hussain

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