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E-Commerce

The law governing so-called distance contracts has developed into a relatively complex legal area over the last several years. Due to numerous changes in the law, the increasing influence of European consumer protection law and the intensified use of written warning letters (Abmahnungen) against online activities, online sellers are faced with the challenge of how to offer their goods and services in e-commerce  in a legally safe manner. In addition, depending on marketing strategy and the range of products, the particularities of individual industries must be observed. There are different information duties depending on the class of goods ( textiles, food, electronic goods, etc.). Furthermore, special legal rules apply for sales via trading platforms such as eBay or Amazon. Even minor infractions of the consumer protection regulations governing market behavior can result in considerable damage claims if a competitor or an interest group (such as the government competition watchdog "Wettbewerbszentrale") have issued warning letters.

We can support you with advice on strategic issues such as the type of platforms (your own online shop,  B2C or B2B marketplaces, auction platforms, M commerce, etc.), the goods and services that are to be offered and the legal framework that must be observed even before your actual sales activity is launched. If you use your own online shop, the first question will concern the appropriate shop software. We can provide the contractual basis for adapting and implementing it with the appropriate provider so that there will be as few unscheduled downtimes as possible after it is set up.  As soon as the strategy for the desired online sales channels is in place, we provide your company or the responsible departments with the required legal notices specific to your company (site notice, general terms and conditions, instructions on cancelling orders, privacy notices, descriptions of goods, etc.) and their integration into the order process. We also review existing shops for legal compliance and offer an ongoing update service so that the necessary action can be taken in the event of changes in the law or new developments in the case law. Finally, we also provide support in the event of litigation or out-of-court disputes with competitors to achieve the best possible result in every legal situation.

In addition, we also advise you on operating trading platforms and marketplaces, including your legal relationships to affiliated shop operators.

Our support in the practice area of E-commerce includes support by experienced advisers and by specialists in IT law, copyright and media law and IP law.

The specialists at TCI Rechtsanwälte for E-Commerce are

Stephan Breckheimer, LL.M. (Media Law)

Attorney admitted to practice in Germany, specialist for copyright and media law

TCI Rechtsanwälte Mainz

Ruth Dünisch

Attorney admitted to practice in Germany

TCI Rechtsanwälte München

Carsten Gerlach

Attorney admitted to practice in Germany, certified specialist for information technology law

TCI Rechtsanwälte Berlin

Stephan Schmidt

Attorney admitted to practice in Germany, certified specialist for information technology law

TCI Rechtsanwälte Mainz

Andreas Stadler

Attorney admitted to practice in Germany

TCI Rechtsanwälte München

Dr. Thomas Stögmüller, LL.M. (Berkeley)

Attorney admitted to practice in Germany, certified specialist  for information technology law

TCI Rechtsanwälte München

Christian Welkenbach

Attorney admitted to practice in Germany, certified specialist for information technology law and intellectual property law

TCI Rechtsanwälte Mainz
  • We develop pragmatic solutions developed in line with a business approach
  • We find problem-solving approaches that are customized for your company using existing standards wherever possible
  • On request, we collaborate and communicate directly with the people in charge and the responsible departments at your company, thus lessening the workload for your legal department
  • We provide specific advice depending on the specific industry requirements
  • We cooperate closely with other experts, e.g. agencies, foreign law offices or experts if needed
  • Many years of experience in modeling customized, legally safe shops and other sales platforms
  • Broad experience in conducting out-of-court disputes and litigation relating to competition law as counsel to both plaintiffs and defendants
  • Short response time and the required flexibility to react quickly such as for short-notice warning letters or temporary injunctions
  • Network of law firms in other European countries, the United States and Canada for international cases

  • Review the legal situation of your online shop, eBay-Shop or Amazon-Shops (and shops on other trading platforms such as DaWanda)
  • Provide an update service to warrant permanent legal compliance of the shop and to protect against warning letters
  • Review and draft contracts of all kinds relating to E-commerce:

    • Create / adapt shop systems
    • File for the registration proprietary rights (e.g. trademarks or designs) and manage the filings at national and international authorities or organizations (involving local colleagues where necessary)
    • Standard terms and conditions for online shops, eBay shops or Amazon shops (and shops on other trading platforms)
    • Data protection agreements (e.g. contract data processing under Sec. 11 BDSG)
    • Terms of use for portals, platforms or online business cards 
    • Contracts with designers, developers and other creative contractors

  • Employment contracts with designers, developers and other creative employees
  • Review and advise on the design of sales strategies marketing and advertising campaigns (including  Google AdWords campaigns) and measures of all kinds in conventional and new media (e.g. measures in the field of SEO/SEM or affiliate marketing)
  • Conduct out-of-court disputes with the goal of avoiding litigation
  • Conduct litigation before the German courts where necessary and support litigation before foreign courts in close cooperation with foreign law offices
  • IT / E-ccommerce projects