Should I hire an eCommerce Lawyer for my website?

eCommerce businesses operate in a dynamic and volatile digital world. An eCommerce lawyer can help website owners navigate the fast-paced nature of the eCommerce industry.

This article was written by Micaela Diaz, Solicitor of Prosper Law and an eCommerce lawyer. Contact us at enquiry@prosperlaw.com.au or call 1300 003 077.

What is an eCommerce Lawyer?

An eCommerce lawyer limits the legal risk of online businesses that buy and sell over the internet. With their extensive knowledge of intellectual property law, consumer law, and privacy law, they can protect your assets through the ups and downs of your online trade.

eCommerce lawyers can also help you set up an eCommerce business in Australia. They draft and negotiate contracts with customers, suppliers, and other business partners on behalf of their clients.

An eCommerce lawyer may also draft terms and conditions for online shops, selling online courses or setting up marketplaces.

What can an eCommerce Lawyer do for me?

There are many things an eCommerce lawyer can help with. Two of the most important benefits of hiring an eCommerce lawyer for your online business are:

Writing relevant disclosures

eCommerce business owners must comply with many laws to avoid breaking the law. You must put disclosures on your business website to gain consumer trust and avoid large fines. These disclosures may include a privacy policy, refund and return policy, website terms of use and terms and conditions (yes, website terms of use and website terms and conditions are different).

Although many say you can write the website disclosures yourself, writing these disclosures is not a simple task. You need to know the privacy laws and any changes in the law. Depending on how your business works, you may not know what is lawful and what you may need to include in your legal disclosures.

An eCommerce lawyer knows what you need and what you do not. They can handle all the legal requirements important to your eCommerce business. They will also think of the future of your business, so you have more time to focus on growing your business than on the legal disclosures.

An eCommerce lawyer can also write these disclosures in plain, clear English while complying with the law. The disclosures must be written in plain English to be accessible to all website users.

Reducing the risk of consumer/legal issues

eCommerce businesses face different legal risks than traditional retail businesses.

On site, customers can see colours, touch and feel products, and see things in their actual size. They can get an idea of the quality and take the products home right after buying them.

In eCommerce shops, the colours of the products do not always translate well online. What looks good in pictures online may not feel good in reality.

An eCommerce lawyer helps online store owners make clear disclosures with their customers for their online shop that help limit your legal risks. She can also help you figure out when you need to give refunds to your customers and when you do not, which is essential for the successful operation of your online business.

Some things are easy to do online, but not in person. Product photos can be copied, website descriptions can be easily stolen, viruses can be spread, and websites can be hacked. An eCommerce lawyer knows all these risks and can protect these assets using intellectual property and data protection laws.

Australian consumer law also regulates online commerce. eCommerce businesses must comply, especially concerning online advertising, as misleading and deceptive conduct is prohibited by law.

An eCommerce lawyer knows how to avoid potential legal issues by ensuring that advertising and marketing materials are truthful and not misleading.

How Can Prosper Law Help?

Prosper Law is Australia’s online law firm. We provide legal advice to businesses and individuals across Australia. Our areas of legal practice include contracts, eCommerce, publishing, legal counsel and employment law.

If you need to talk to an eCommerce lawyer, get in touch today.

Contact the team at Prosper Law to discuss how we can provide you with legal advice for a fixed fee or at affordable hourly rates.

Micaela Diaz | Solicitor

PROSPER LAW – Australia’s Online Law Firm

P: 1300 003 077

E: enquiry@prosperlaw.com.au

W: www.prosperlaw.com.au

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