We counsel on compliance and regulatory needs for online businesses.

Doing business online requires compliance with state, federal and international laws.  Depending on your specific business and whether you will be collecting certain types of data or performing monetary exchanges through your website, different regulations will apply.

What are my eCommerce compliance and regulatory needs?

The most common actions that online businesses take on a regular basis can trigger a myriad of compliance and regulatory needs.  The collection of personally identifiable information from consumers, monetary exchanges, storing of consumer data, allowing consumers to make any kind of posts on your website, allowing for creation of user accounts, linking to third party websites, posting news article information, using images on your website, the sale of alcohol, etc. all require compliance with certain laws and there are regulations on certain actions that a business owner should be aware of to help ensure protection of the business and its consumers.

The following laws and regulations are common in eCommerce business:

Children’s Online Privacy Protection Act (COPPA)

If you operate a website directed to children, or if you operate a website that isn’t directed to children, but children are logging on to the website due to interest and you knowingly collect information on them due to their use of your website, COPPA applies to your online business.  Violation of COPPA can result in civil penalties of up to $16,000 per violation.  COPPA applies to both websites and apps. We provide custom Privacy Policies and counseling on how best to collect information through your website and app to help ensure your business is in compliance with COPPA.

U.S., E.U., and Swiss Safe Harbor Frameworks

Due to differences in how countries perceive the adequacy of online security, a Safe Harbor Framework was established to help ensure seven Safe Harbor Principles are followed the level differences in international requirements for privacy protection when conducting transactions internationally.  With an online business, it is easy to conduct business with anyone in the world, should you choose.  Choosing to join and comply with the U.S., E.U., and Swiss Safe Harbor Frameworks provides important benefits, such as your privacy protection being “deemed to be adequate,” allowing for claims brought against E.U. citizens against your business to be heard in the U.S., and other benefits.  The compliance requirements, in particle, benefit small to medium business the most due to being straight forward and inexpensive to follow.  Our firm provides counseling and drafts Privacy Policies and Terms of Use for compliance with the U.S., E.U., and Swiss Safe Harbor Frameworks.

Digital Millennium Copyright Act (DMCA)

 

Uniform Domain Name Dispute Resolution Policy (UDRP)

 

Anti-Cybersquatting Protection Act