making a payment on ecommerce store

The internet created incredible opportunities for entrepreneurial organizations. However:

Selling and marketing on the web involves different and more complex legal issues than traditional (and fading) brick and mortar enterprises.

  • Securing and policing their intellectual property through trademark, copyright and trade secret.
  • Assuring Children’s Online Privacy Protection (COPPA) compliance.
  • Creating legally binding customized terms of use and privacy policies incorporating California Consumer Protection Act and General Data Protection Regulation (GDPR-EU) compliance.
  • Understanding and adhering to a number of other internet-only Federal, state, international and local regulations.
  • Negotiating and preparing web agreements, licensing agreements, data security agreements, vendor and supplier contracts.
  • Addressing issues and strategizing best practices on large scale platforms such as  Amazon and eBay.

We built our own successful eCommerce platforms as entrepreneurs and also represented clients in virtually all areas of law related to eCommerce. EmergeCounsel is confident we are the right fit for any eCommerce seller.

Using tablet shopping on ecommerce store


There is significant exposure to any eCommerce business in the area of privacy.  ECommerce Businesses, by their very nature, collect and store personal data.   There are a number of privacy and data security laws governing its collection, use, transfer, and disposal of data in the US, various states, and foreign countries, that all eCommerce sellers are expected to adhere to. 

  • Improperly use, share, or transfer personal data.
  • Acquire data without providing adequate notices or, in some cases, obtaining consent.

We help eCommerce companies through building customized privacy policies that fit their circumstances. We have represented clients in a vast array of eCommerce fields and we can do so cost-effectively.

We also review data flow and assist with information management platforms to help minimize the risk of improper data collection, while also allowing our clients maximum flexibility in the use of personal data to assist in their sales and marketing goals.

Terms of Use/Terms of Service govern the contractual terms online sale and purchase of goods and services. Many times they are confused with terms and conditions covering the general use of a website, referred to as website terms of use.

We assist eCommerce businesses in clearly articulating the specific terms of the contract and to assure that it is enforceable and comprehensive without being burdensome or unwieldy.    As eCommerce counsel, we understand technology and are familiar with clip wrap technology and best practice web design leading to better enforceability and consumer ease of use.

Privacy Policies:

EmergeCounsel attorneys are well versed on the legal, regulatory, and commercial implications of online advertising. 

  • Ecommerce face numerous regulations from the Federal Trade Commission, various state governments (including California’s Consumer Protection Act) and even the European Union through its multi-jurisdictional GDPR.  
  • An individual believing their privacy has been breached may have their own privacy cause of action against the eCommerce seller.
  • A good privacy policy needs to be strategic, taking into consideration not only the particulars of how the e-business interacts with each customer, the potential data collected, but also the plethora of Federal, State, and International regulations and related laws.   
  • Placement must also be open and obvious.  There is a deluge of considerations a business must take into consideration.

EmergeCounsel has worked with a number of clients and their software designers to build effective privacy policies.  

End User License Agreements (EULA) /Terms of Use (TOU) /Terms of Service (TOS)

EmergeCounsel gets to know our clients and their play, effectively using that knowledge to draft focused, client specific EULAs, TOUs and/or TOSs.   Using our experience working with developer and/or entrepreneur to provide a contract to minimize exposure to the business.

  • EULAs (terms of use for applications or software) , 
  • TOUs (terms of sale of goods on a website) and 
  • TOSs (terms of service for either the website or services sold on the website).Are often misunderstood and thus cut and pasted by entrepreneurs and web developers without review.

These documents which often sit on the bottom of the website or are a click through are contracts between the ecommerce seller/advertising website and the consumer.  If the contract is poorly written or even non-sensical, the contract may not be enforced and may even provide exposure.

Trade Secret Protection

EmergeCounsel takes time to understand our clients and their needs, our attorneys are able to make determinations relatively quickly and work cost effectively.

  • Depending on the company, protection of its private information may be the key to existence. Companies can protect information not known to others through trade secret agreements that invoke specific criteria established by either statutory law or common law.   
  • Whether entrepreneurial entities have trade secret and, relatedly if invoking trade secret provisions practical and advisable is a fact specific exercise.

We want to know our client, their business strategies, and their needs. We take these particulars and utilize our experience to prudently build customized document that takes into consideration our clients’ needs.

Sophisticated Legal Services, Sensibly Priced

Contact us to schedule your complimentary consultation.