Design of an online store for e-commerce

Overview of the legally required steps

The design of an online store from a legal perspective involves checking and designing various parts of the online store. This is regularly required:

  • The general terms and conditions, including liability regulations, must be designed.

  • Special features for the B2C, B2B or B2 sectors. For the B2C and B2 sectors, for example, the following topics need to be considered:

    • Compliance with the requirements of the Price Indication Ordinance
      Example: In B2C online stores, gross prices must be stated; in B2B online stores, only net prices may be stated.

    • Design of the withdrawal policy

    • Formulation of the e-commerce information obligations

  • The technical design in accordance with the e-commerce law applicable to B2*, e.g. confirmation of receipt of a customer order by e-mail.

  • The formulation of the privacy policy / data protection information.

  • Assistance with data protection-compliant design. This includes, for example, the integration of social media buttons and the integration of elements from third-party sites as well as the transfer of data to third parties (also due to the server location). The proper design of the use of cookies is also regularly required.

  • Examination of advertising statements in accordance with competition law (in particular on the basis of the Unfair Competition Act - UWG)

  • Examination of any special features under trademark and brand law

  • The design of the legal notice and other mandatory information.

  • Assistance in complying with third-party rights, e.g. due to the inclusion of photos by professional photographers and the inclusion of software under certain license conditions.

There are also regular associated services. For example, in the area of marketing, the question of the extent to which email addresses can be used, newsletters are possible and may be sent and when an opt-in or opt-out is required. You can therefore find further individual services on the overview page of our services as a lawyer.

Warning-proof design of the online shop

In summary: If you operate an online store, you need legally compliant general terms and conditions (GTC) that comply with the law. The best way to achieve legal certainty and prevent a warning letter is to have the general terms and conditions drawn up or checked by a lawyer. Warning-proof templates can be used for many standard cases - insofar as this is possible according to the legal situation and case law to date. As your lawyer, we will point out the dangers and risks to you.

Other areas must also be considered in connection with the drafting of general terms and conditions: Compliance with statutory information obligations under e-commerce law, formulation of the withdrawal policy in accordance with the statutory model with any individual adjustments to exclude the right of withdrawal, drafting of data protection consent and data protection information and formulation of the legal notice.

Together with the "GTC service", we also clarify questions in the areas of copyright law, trademark law, price indication law and competition law in order to ensure a design that is safe from warnings.