What is Legal Compliance in e-Commerce?

Important E-Commerce Compliance Every Business Needs to Know:

What are e-commerce agreements? 

E-commerce agreements are contracts that include the terms for online commercial transactions. These agreements protect businesses in third party services and transactions.  

What are some key contracts to have if you are an online retailer or reseller?

Firstly, online sellers and buyers need to agree to the terms and conditions of the sale. This contract includes the terms for shipping, returns, warranties, and other important policies. The terms and conditions of sale essentially outline the agreed upon terms of the sale between a seller and customers. 

Secondly, a privacy policy explains how consumer data is collected, used, and protected. Most states require this by law. 

Thirdly, sellers working with vendors or suppliers need a written agreement outlining information about pricing, payment terms, delivery schedules, and quality standards. Companies that share confidential information with employees, vendors, or other partners should have a non-disclosure agreement to protect their trade secrets.

Fourthly, intellectual property agreements are necessary for companies with original content, logos, or any other intellectual property. 

Finally, a website terms of use agreement is important for outlining rules and guidelines for using your website, including disclaimers, limitations of liability, and intellectual property provisions – even for those users who do not buy from you. 

What must a website do in order to become ADA (Americans with Disabilities Act) compliant? 

A website must meet certain accessibility requirements in order to be ADA compliant. These requirements ensure that individuals with disabilities have equal access to information and functionality on the website. The first requirement is using Alt Text for images, meaning that all images on a website should have descriptions for people with disabilities who use screen readers to navigate websites. The second requirement is descriptive link text. Websites need descriptive text accurately explaining where the link leads so that individuals with disabilities using assistive technology can navigate the website more easily. Third, a website must have clear and easy to read fonts. The fonts must have high contrast with the background and be easy to read for individuals with visual impairments. The fourth requirement is that all multimedia content have captions with transcripts that are accessible to people with hearing impairments. Fifth, websites must have heading structures formatted as H1, H2, H3 and so on. This helps visually impaired people navigate the website. Next, websites must ensure keyboard accessibility for people who cannot use a mouse. Finally, all forms on a website should be accessible to individuals with disabilities using assistive technology to fill out a form. 

For privacy policies, which US states require particular disclosures in these agreements? 

Several states, including Florida, have specific requirements for privacy policies that companies must comply with in addition to federal regulations. Florida’s Information Protection Act (FIPA) was enacted to protect consumer data from misuse. Under this act, companies must obtain consent before gathering any personal information and companies must notify individuals when they collect their personal information. 

In California, the California Consumer Privacy Act (CCPA) requires that companies disclose the categories of personal information they collect, the source of the information, the purpose for which the information is used, and the categories of third parties with whom they share the information. The New York Privacy Act (NYPA) requires companies to provide consumers with the right to access, delete, and correct their personal information. The Nevada Online Privacy Protection Act (Nevada OPPA) requires companies to provide a description of the categories of personal information they collect and the categories of third parties with whom they share information. The Massachusetts Data Breach Notification Law requires companies to notify consumers if their personal information is breached. In Vermont, the Vermont Data Broker Regulation requires companies selling or licensing personal information to register with the state and disclose certain information regarding their data collection practices.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino E. Diaz’s practice ranges from Civil and Commercial Litigation to Entertainment and Intellectual Property Law. Silvino has earned a reputation as one of Puerto Rico’s foremost advocates for independent musicians and artists. As a result of his sustained commitment to creative industries, he was named Professor of Intellectual Property Law at Atlantic University College (Guaynabo, PR) – the Caribbean’s leading digital arts institution – where he spearheaded the “Introduction to IP” course for both the graduate and undergraduate programs, and was appointed by the Office of the President to develop an Intellectual Property graduate curriculum, where he served until moving to Miami in 2017. He is the founder of the service known as Starving Artists, where he offers innovative business and legal counsel for artists and creatives.

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