Legal Issues in E-Commerce

By: Dorothy McChesney and Leah Rosene

Throughout this website we provide information regarding legal issues in e-commerce.

E-commerce header image

Business Structure and Formation

Choosing the right business structure for an e-commerce website is essential. It affects liability protection, taxes, scalability, legal compliance, and trust with customers and partners.

Why Is It Important?
  • Liability and Asset Protection: Shields personal assets from business debts and legal issues.
  • Tax Implications: Determines how profits are taxed and how losses are handled.
  • Legal Compliance and Reputation: Establishes credibility and helps comply with regulations.
Sole Proprietorship
  • Owner has unlimited personal liability.
  • Less protection for personal assets.
Partnership
  • Can be general (everyone liable) or limited (some partners protected).
  • Requires clear agreements about roles and profit-sharing.
Limited Liability Company (LLC)
  • Creates separation between personal and business assets.
  • Popular for e-commerce due to flexibility and protection.
Corporation
  • Separate legal entity owned by shareholders.
  • Provides the highest level of liability protection.

Data Privacy and Protection

E-commerce businesses collect and store customer data such as names, emails, and payment information. Managing this data responsibly is required by law.

Why Is It Important?
  • Avoid fines and lawsuits.
  • Build trust with customers.
  • Operate across multiple states and countries.
GDPR (General Data Protection Regulation)
  • Applies to businesses serving EU residents.
  • Requires consent, transparency, and strong user rights.
CCPA (California Consumer Privacy Act)
  • Applies to certain businesses serving California residents.
  • Requires data access, deletion, and opt-out options.
Legal Requirements
  • Transparency: Publish clear privacy policies.
  • Consent: Obtain permission before collecting data.
  • Data Rights: Allow access and deletion of data.
  • Security: Use SSL encryption and safeguards.
  • Breach Response: Notify users if a data breach occurs.

Consumer Protection Law

These laws protect buyers from deceptive or unfair online business practices.

FTCA (Federal Trade Commission Act)
  • Prohibits deceptive and unfair practices.
COPPA (Children’s Online Privacy Protection Act)
  • Protects children under 13.
  • Requires parental consent for data collection.
CAN-SPAM Act
  • Regulates commercial email.
  • Requires opt-out options and truthful messaging.
Core Legal Obligations
  • Honest advertising and clear pricing.
  • Honor return and refund policies.
  • Ship products as advertised.
  • Publish clear terms of service and contact information.