Website Regulatory Compliance – Electronic Commerce Law

Nowadays a business can scarcely afford to not have a website from where it can showcase itself and from where it can reach existing and potential customers and business partners. This includes not just businesses which provide goods, services or digital content mostly or solely online but also traditional brick-and-mortar firms. An effective online presence enables a business to profile and market itself, as well as to provide its products, both within and beyond geographical borders. It also fosters national and cross-border networking and commerce. However, having a well-designed website and/or webshop is only the first step in the right direction.

A firm established in Norway which provides information, services, goods and/or digital content through its website must comply with myriad legal requirements stemming from a complex variety of e-commerce-related legislation and regulations. These legal requirements may vary, depending on whether the customers targeted by the website are solely other businesses or whether they include consumers. They may also vary, depending on the type of medium (e.g. desktops, hand-held devices) from which the information on such websites is accessible. Though there are more stringent requirements in the case of business-to-consumer websites and webshops, no website or webshop is unaffected. Ideally, part of the web design process should include ensuring that the website complies with e-commerce legislation. Nonetheless, it is never too late to quality assure one's website.

Wikborg Rein's lawyers have extensive experience in advising clients on e-commerce matters in a fast-paced and changing technological environment. Based on our experience, the areas where assistance is most often needed are:

  • Advice in connection with legal requirements related to the various stages of the online shopping process, i.e. from display to the ordering, checkout and completion of the shopping experience
  • Requirements vis-à-vis mandatory information that must be provided, e.g. in a desktop environment, or smartphone environment
  • Other requirements pursuant to consumer protection legislation, e.g display of prices, exercise of cancellation rights
  • Sector-specific distance selling rules
  • Rules on internet marketing
  • Use of cookies
  • Drafting and adapting agreements, including website terms of use, terms and conditions of sale, as well as cancellation forms

Processing of customer personal data: This is subject to extensive legal requirements and is a specialised field in its own right. We offer comprehensive legal services within the area of data protection.