One focus of our activities in the domain of distribution law lies within the field of e-commerce with its specific requirements with regard to B2B and B2C, including all aspects of data protection.
Online trading has made it possible to offer and sell goods across borders and at any time. However, this freedom is restricted by a large number of national and international regulations which need to be observed by online traders. These are frequently used as the grounds for letters of warning being sent to competitors.
Together, we will set up an online shop for your goods and services that is compliant with all relevant legislation with regards to information legally required to be included and observed on your website, such as company information, general sales conditions, data protection, and identification requirements. Most of these regulations are based on directives issued by the European Union which therefore prevail in all of Europe. Non-observance of these directives – in particular, the duty to include an imprint and to give information on the consumer’s revocation rights and the European ODR platform – are among the most common reasons for warning letters being issued against competitors, besides the incorrect indication of the sales price. Therefore, it makes sense to ask for legal advice during the early phase of creating and setting up a new online shop in order to rest assured that all such legal pitfalls have been avoided.
Anyone who doesn’t want to establish a proper online shop for distributing products can do so via well-known platforms such as Amazon. But due to the special structure of this online platform and the distributor’s dependence on the company Amazon, selling your goods on Amazon Marketplace creates another set of risks that you can avoid with our support. For example, a lot of disputes have arisen due to Amazon’s recently introduced keyword advertising campaign following the principle of Google Ads. This campaign has become increasingly popular, but just like Google Ads, it is accompanied by severe problems concerning trademark and competition law issues. For example, a large number of warning letters are being issued on the basis of incorrect or incomplete product descriptions and price indications as well as the unlawful use of a third party’s images. This is particularly problematic as the individual trader may not be entirely in control of the contents of a product page on Amazon and will therefore be held responsible for something he did not cause. However, this attribution of liability cannot be applied to copyrights, a matter clarified by us in a landmark court case against Amazon.
In light of the importance of jurisdiction from various fields of law on the liability of traders on Amazon Marketplace, we recommend that you have your own product page and your stock of goods checked in order to minimize your risk of being drawn into legal disputes, something we are more than happy to help you with!