With digitisation, sales channels have become digital, too. B2B as well as B2C transactions have moved online with online stores, apps and electronic marketplaces complementing traditional sales channels. In some sectors, the “new“ online channels have indeed completely replaced the “old“ ones.

The CMS Digital Business Group advises on establishing e-commerce platforms that consider all legal requirements of the EU Distance Selling and Electronic Commerce Directives. Our work starts with the initial concept for the e-commerce solution and we also assess the interface of your online shop and make sure that the presentation and promotion of your products as well as your e-payment solution are legally sound.

Our e-commerce expertise matches your offering

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 with teams made up of different legal specialists and sector experts in order to provide a service that matches your creative ideas.

We shape your e-commerce activities

When developing your e-commerce offering, we advise you on all the legal obligations that are part of selling online. This includes how you present your products and services and how you set up the order and transaction confirmation process, in particular in the context of the different online trading platforms.

We draft your terms and conditions for national and international e-commerce activities that will also protect you from warning notices. Last but not least, we have extensive experience in planning and implementing data protection concepts, advising on e-commerce as well as the growing number of mobile commerce offerings.

Legally sound e-commerce systems

The technology behind e-commerce 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 support you when negotiating and drafting contracts with external service providers that you use to program and host your online platform. We draw up maintenance and support agreements, formulate liability and event of default clauses and arrange the instruction of possible sub-contractors and other external contract partners.

Online marketing and sales

It is often not easy for companies to integrate e-commerce activites in existing marketing and sales concepts. Any online marketing and advertising initiative needs to comply with competition, media and data protection law. Online trading platforms and online stores need to consider regulations about selective distribution systems, e.g., if price recommendations, discounts and competitions comply with the law and how information can be exchanged with competitors. The experienced lawyers of our Digital Business Group can answers these questions for you.

International e-commerce solutions

Our e-commerce practice works internationally, and we cooperate closely with the experts of the international CMS Organisation.