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Digitalisation means that value chains and sales channels are also becoming digital. B2B as well as B2C transactions have moved online with online shops, apps and electronic marketplaces complementing traditional sales channels. In some sectors, the "new" online channels have already completely replaced the "old" ones.
CMS's cross-disciplinary expert teams also advise on establishing e-commerce platforms whilst ensuring that all legal requirements are complied with as well as a positive customer experience. Our e-commerce-related advice starts with the initial concept for the e-commerce solution, taking account of all legal requirements of the European distance selling, sale of goods and e-commerce directives, the P2B Regulation and the provisions set out in the German Civil Code (BGB) regarding the sale of digital products, assessing the front end, i.e. the online shop interface, the use of artificial intelligence and making sure that the presentation and promotion of the products as well as e-payment solutions are legally sound.
Our legal e-commerce expertise – as diverse as your range of products
Innovative online retail business models as well as the dynamic technological developments that further e-commerce are at the centre of our work. We advise our clients through teams made up of different legal specialists and sector experts in order to provide a service that matches their creative ideas.
We help shape your e-commerce activities: legal advice for your online shop
When you are developing your e-commerce offering, we can advise you on all the legal obligations that are part of selling online, before, during and after entering into a transaction. This includes legal advice on how to present your products and services and how to set up the order and the transaction confirmation process, in particular in the context of the different online trading platforms.
We can draft your terms and conditions for national and international e-commerce activities to ensure that they are legally sound and can also protect you from warning notices. Last but not least, a key focus of our advice is on planning and implementing data protection concepts in compliance with the General Data Protection Regulation (GDPR), advising on e-commerce as well as on the growing number of mobile commerce and metaverse offerings. In addition, we can assist you to adapt your business model to the reformed provisions of the German Civil Code (BGB), e. g. on the sale of digital products.
Legally sound e-commerce systems
The technology behind an e-commerce solution not only needs to work reliably, it also needs to be configured in accordance with legal requirements so that you, as the online shop provider, are protected in case of technical or data protection issues. Our IT experts can assist you with negotiating and drafting contracts with external service providers that you use to programme, host and maintain the IT security of your online platform. We can draw up maintenance and support agreements, draft liability and event of default clauses and arrange for the instruction of any sub-contractors and other external contracting partners. In this context, our experts can also advise you on how you can protect personal data and your trade secrets in the e-commerce environment.
Online marketing and sales
It is often not easy for companies to integrate e-commerce activities into existing marketing and sales concepts. Any online marketing and advertising initiative needs to comply with competition, media and data protection law aspects. Online trading platforms and online shops not only need to consider regulations on selective distribution systems and the exchange of information between competitors. Instead they also need to implement commercial solutions, e.g. legally-compliant price recommendations, rankings, discounts and promotional competitions. Platform operators also have legal obligations when presenting user and customer ratings. Our experienced lawyers can answer these and many other questions concerning e-commerce and your website
International e-commerce solutions
Our e-commerce practice can, of course, also advise you on international e-commerce. In this regard our lawyers work closely with the e-commerce experts of the international CMS alliance.
„Die Kanzlei tritt wie kaum eine andere durch ihr tiefes Know-how u. ihre strateg. Aufstellung als Digitalisierungsberaterin hervor. Insbes. gr. Digitalplattformen setzen auf die medien- u. urheberrechtl. Kenntnisse, die durch eine praxisgruppenübergreifende, auf digitale Regulierungsthemen spezialisierte Einheit mit Wissen aus dem Kartell-, IT- oder Gesellschaftsrecht angereichert werden.“
JUVE Handbuch, 2021/2022
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Digital Regulation
A legal framework for the digital world
Verbraucherverträge im Digitalzeitalter
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