E-Commerce

Media companies and businesses in almost all industries use the internet as a marketplace to market their products and services. Consumer protection law poses numerous pitfalls in this area: from the presentation of offers and prices, even outside of an online shop or app, pre-contractual information obligations and the design of the ordering process, through to the confirmation of a contract by email.

Even in a pure B2B environment, special provisions apply to the electronic conclusion of contracts. Beyond that, consumers must also receive clear and comprehensible information about delivery/service deadlines, payment terms, and the right of withdrawal before concluding a contract. Even the design of the summary of an order and the order button is regulated by law. Anyone who uses general terms and conditions is obliged to observe the legal requirements, including case law, on inadmissible clauses and, depending on the subject matter of the contract, take other points into account, for instance the fact that there are special warranty provisions for contracts relating to digital content and digital services. Last but not least, the terms and conditions must be successfully incorporated into the contracts to be concluded. Special requirements have to be implemented also in other areas, such as the “notice of termination button” on a provider’s website. Any misstep in the implementation of legal requirements involves the risk of competition law claims. We support companies in meeting the diverse requirements.