E-commerce businesses focus their main efforts on using the internet as the main channel for their business activities. This fact gives e-commerce businesses unique characteristics with respect to business operations and their legal needs. This, in turn, means that e-commerce businesses need to retain internet law and e-commerce lawyers who have unique experience and skill sets that overlap and match the needs of e-commerce businesses.

The need for specific legal services will, of course, depend on the specific business and its business model. For example, direct-to-consumer businesses may need very specific legal assistance with customs and other cross-border shipping issues where products are sent directly to customers from overseas manufacturing centers. For these types of supplier/shipping contracts, important and internationally enforceable provisions will be needed to cover legal requirements by the U.S. border and customs control officials. You will need indemnification provisions to cover claims related to delays and failures to comply with legal requirements by suppliers and shippers. Often, legal procedures and matters like venue are given little attention. But, when dealing with foreign suppliers and shippers, questions of service of process and the use of U.S. courts are very important. You can only recover your contract damages if you can obtain jurisdiction over your foreign defendant

Even if you are not dealing with foreign suppliers and international shipping, there are legal skills needed for ecommerce businesses. These relate in many different ways to the online aspect of sales. If you are using online marketplaces operated by other companies, there will be very detailed and log contracts to comply with. Since online purchases are cash-less, there are other contracts and obligations imposed by payment processors. There are as many issues when accepting payment via blockchain coins and tokens.

Aside from these types of specific legal issues, e-commerce businesses face compliance challenges with respect to web accessibility, consumer privacy requirements, cybersecurity, notice and remediation requirements for threatened and actual hacks loss of data, and more.

E-commerce lawyers also must have experience to help with the more “mundane” parts of running a successful business. These things include matters like financing, collecting and paying sales taxes, obtaining workspace, hiring and retaining employees (including standard and executive-level employees), and more. Legal issues are intertwined with all of these aspects of running a business. And, importantly, these issues are common with many businesses regardless of the business model and/or the primary sales channel being used. Other examples include:

• Drafting, review, and negotiation of non-specialized contracts and agreements (such as SaaS agreements, vendors, distributors, influencers, etc.)
• Employee contracts and handbooks
• Executive-level employee contracts, including non-compete and non-disclosure agreements
• Review, negotiatio,n and consummation of merger and acquisition transactions and/or asset purchase sales
• Conducting and defending litigation
• Responding to threats of litigation and conducting many forms of dispute resolution
• Protection of intellectual property for your e-commerce business and helping to avoid infringement of IP owned/held by others
• Compliance with anti-discrimination and anti-harassment laws
• Compliance with laws and regulations concerning false and misleading advertising and deceptive business practices
• Physical location accessibility compliance
• Insurance and general liability issues
• Financial matters
• Real estate transactions

Contact the E-commerce Business Attorneys at Revision Legal

For more information, contact the experienced e-commerce business lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Website Terms of Service, Privacy Policies, and Consumer-Facing Legal Documents

Every e-commerce website is a legal document delivery mechanism. The website’s Terms of Service (ToS) and Privacy Policy are binding contracts that govern the relationship between the business and its customers. An experienced e-commerce attorney drafts these documents to be enforceable, not just compliant. That distinction matters. A ToS that merely recites statutory requirements without enforceable dispute resolution clauses, limitation of liability provisions, and return/refund policies leaves the business exposed to class action litigation and regulatory action.

Privacy policies have become particularly significant as state-level consumer data privacy statutes have proliferated. California’s CCPA (as amended by CPRA), Virginia’s CDPA, Colorado’s CPA, Texas’s TDPSA, and Minnesota’s MCDPA — among others — each impose specific disclosure requirements, consumer rights, and business obligations. An e-commerce attorney with data privacy experience ensures that a business’s privacy policy is not only accurate but also tailored to the specific statutes that apply based on the business’s customer geography and revenue thresholds.

Platform Agreements: Amazon, Shopify, Etsy, and Third-Party Marketplaces

E-commerce businesses that sell through third-party marketplaces operate under a web of contractual obligations that most business owners never fully read. Amazon’s Business Solutions Agreement alone runs to tens of thousands of words and is updated regularly. These agreements govern everything from intellectual property licensing of product images to indemnification for product liability claims, dispute resolution through binding arbitration, and the conditions under which Amazon can suspend or terminate a seller account — often without advance notice.

E-commerce attorneys who understand these agreements can help businesses structure their operations to reduce the risk of account suspension, respond effectively when suspension occurs, and negotiate reinstatement. Account suspension is an existential threat for businesses that rely on a single marketplace for revenue. Legal representation at the account reinstatement stage — and proactive compliance counseling before suspension — are core services an e-commerce lawyer provides.

Intellectual Property Protection for E-Commerce Brands

Counterfeiting and intellectual property infringement are endemic to online marketplaces. E-commerce attorneys help businesses build and protect the intellectual property portfolio that underlies a successful online brand:

• Trademark registration and enforcement — Federal trademark registration through the USPTO is a prerequisite for enrollment in Amazon’s Brand Registry, which gives sellers tools to remove counterfeit listings and protect product detail pages. An e-commerce attorney manages the trademark registration process and enforces marks against infringers through cease-and-desist letters, DMCA takedown requests, and litigation where necessary.
• Copyright registration for product images and content — Original product photography and written product descriptions are protectable under copyright law. Registration allows the business to sue for statutory damages up to $150,000 per willful infringement under 17 U.S.C. § 504 — a powerful deterrent against wholesale copying of product listings.
• Trade dress protection — The unique visual appearance of a product, its packaging, or a website’s design can qualify for trade dress protection under the Lanham Act, 15 U.S.C. § 1125(a). Trade dress claims are a powerful tool against competitors who copy the look of a successful product.

Web Accessibility Compliance Under the ADA

Title III of the Americans with Disabilities Act (ADA) requires that places of public accommodation be accessible to people with disabilities. Federal courts in numerous circuits have held that e-commerce websites are places of public accommodation subject to the ADA. Plaintiffs’ firms have filed thousands of ADA website accessibility lawsuits against online retailers in recent years, targeting businesses whose websites are not compatible with screen readers and other assistive technologies.

The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA have become the de facto standard for ADA website compliance, and the DOJ issued final regulations in 2024 adopting WCAG 2.1 AA as the applicable standard for state and local government websites. E-commerce attorneys advise retailers on accessibility audits, remediation priorities, and the legal framework for defending or settling ADA claims.

Payment Processing, Sales Tax, and Financial Compliance

Following the Supreme Court’s decision in South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018), states can require out-of-state sellers to collect and remit sales tax based on economic nexus thresholds — typically $100,000 in sales or 200 transactions in the state annually. Every state with a sales tax now has an economic nexus standard. Managing sales tax compliance across 45 states with sales taxes is a significant compliance burden for growing e-commerce businesses. E-commerce attorneys work alongside accountants to ensure proper registration, collection, and remittance.

Payment processor agreements — with Stripe, PayPal, Square, and their competitors — also contain significant legal obligations relating to fraud prevention, chargebacks, and prohibited products. Cryptocurrency payment acceptance introduces an additional layer of legal complexity involving FinCEN money transmission regulations and IRS reporting obligations.

Contact the E-Commerce Attorneys at Revision Legal

Running a successful e-commerce business requires managing a complex, constantly evolving legal landscape. The experienced E-Commerce Attorneys at Revision Legal provide full-service legal support to online retailers, marketplace sellers, DTC brands, and digital product companies. Whether you need help with platform compliance, intellectual property protection, privacy policy drafting, or ADA accessibility defense, we can help. Contact us through the form on this page or call (855) 473-8474.