Best E-commerce & Internet Law Lawyers in Aberdeen

About E-commerce & Internet Law Law in Aberdeen, United Kingdom

E-commerce and Internet law in Aberdeen sits within the wider framework of UK law, with important Scottish law features and Scottish court procedures. It covers how online businesses form contracts, advertise, sell goods and services at a distance, process personal data, use cookies, handle consumer rights and refunds, manage intellectual property and domain names, moderate user content, tackle online harms, and comply with platform responsibilities. Key UK statutes include the Consumer Rights Act 2015, the Consumer Contracts Regulations 2013, the Electronic Commerce Regulations 2002, the UK GDPR and Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003. Scotland has distinct rules on defamation and court procedure, which matter if you operate from Aberdeen or face disputes in Scottish courts. This guide provides general information to help you understand the landscape and prepare to speak with a qualified solicitor.

Why You May Need a Lawyer

Many online ventures appear simple at launch but quickly raise legal questions. You may need a lawyer if you are drafting website terms and privacy notices, structuring online subscriptions, managing online reviews and influencer marketing, handling customer complaints and refunds, expanding into new markets, or responding to a regulator. Legal advice is especially useful when you collect or share customer data, use cookies or tracking, send marketing emails or SMS, rely on user-generated content, run a marketplace or platform, sell into the EU, or process payments and store cardholder data. A solicitor can also help if you receive a takedown demand, a data subject request, an alleged defamation complaint, a notice about counterfeit goods, or a domain name complaint. In Aberdeen, Scottish procedure may apply to disputes and enforcement, so local expertise helps you choose the right forum and strategy.

Local Laws Overview

Consumer contracts and distance selling. The Consumer Rights Act 2015 sets quality standards and remedies for goods, digital content, and services. The Consumer Contracts Regulations 2013 require clear pre-contract information, cooling-off rights for most distance contracts, and specific refund timelines. Subscriptions must present key terms clearly, make cancellations straightforward, and avoid dark patterns. The Digital Markets, Competition and Consumers Act 2024 introduces new consumer powers and rules on subscriptions and fake reviews, with phased commencement.

Electronic commerce and platform rules. The Electronic Commerce Regulations 2002 require transparency about the trader, pricing, and ordering steps, and provide liability protections for hosting and caching if you act quickly on unlawful content notifications. If you are a platform, the retained Platform-to-Business rules impose transparency duties for rankings and terms with business users.

Data protection, cookies, and children. The UK GDPR and Data Protection Act 2018 govern collection and use of personal data, lawful bases, transparency, security, and rights requests. Most organisations must pay a data protection fee to the Information Commissioner's Office. The Privacy and Electronic Communications Regulations 2003 require consent for most cookies and for unsolicited electronic marketing to individuals, with limited soft opt-in exceptions. The ICO Age-Appropriate Design Code sets standards for online services likely to be accessed by children.

Online safety. The Online Safety Act 2023 imposes duties on in-scope user-to-user and search services to assess risks and implement safety measures, with Ofcom issuing codes and guidance through a staged rollout. Duties can include user reporting tools, terms enforcement, age assurance for certain content, and transparency reporting.

Advertising and endorsements. The ASA CAP Code applies to online advertising, including social posts and influencer marketing. Claims must be substantiated, material connections disclosed, pricing and promotions presented fairly, and marketing to children handled with care. The Competition and Markets Authority enforces consumer protection law against misleading practices, hidden charges, and fake or manipulated reviews.

Payments and fintech. The Payment Services Regulations 2017 and FCA requirements implement strong customer authentication and regulate many payment activities. Businesses handling card data should follow PCI DSS and use secure providers. Refund and chargeback handling should align with consumer rights and scheme rules.

Intellectual property and domain names. Copyright, database rights, and trade marks protect online content and brands. The Trade Marks Act 1994 and passing off principles govern brand disputes. Nominet manages .uk domains and runs a dispute resolution service for abusive registrations. For gTLDs, UDRP procedures may apply. Maintain clear IP ownership terms with contractors and employees.

Defamation and takedowns. In Scotland, the Defamation and Malicious Publication Act 2021 sets a serious harm threshold, a single publication rule, and defences, including for secondary publishers. This can affect how Aberdeen-based sites respond to complaints about user posts or reviews. Prompt, fair notice-handling and moderation policies reduce risk.

Cybercrime and security. The Computer Misuse Act 1990 criminalises unauthorised access and related conduct. In Scotland, fraud is addressed under Scots criminal law. Businesses should maintain incident response plans, comply with security obligations under UK GDPR, and consider whether NIS Regulations apply to them as digital service providers.

VAT, customs, and cross-border sales. UK VAT rules apply to online sales into Great Britain, with special arrangements for low-value consignments and marketplace liability in certain cases. If you sell to EU consumers, additional regimes may apply in the destination states. Obtain tax advice as you scale.

Scottish procedure and enforcement. Disputes in Aberdeen may proceed in the Sheriff Court using the Simple Procedure for lower value claims. Regulatory engagement can involve Aberdeen City Council Trading Standards, Trading Standards Scotland, the ICO, the CMA, Ofcom, or Police Scotland, depending on the issue.

Frequently Asked Questions

What terms and policies does an Aberdeen online store need as a minimum

At minimum you should have website terms of use, product or service terms, a clear checkout summary, a privacy notice tailored to your data uses, and a cookie notice with a consent mechanism where required. If you run subscriptions, add a compliant cancellation route and renewal reminders. If you host user content, include acceptable use and notice-handling processes.

Are electronic signatures valid in Scotland for online contracts

Yes. Under UK law and Scots law, electronic signatures are generally valid. Certain documents require specific forms of signature or witnessing. The Requirements of Writing Scotland Act 1995 as amended recognises advanced electronic signatures for some documents. Use appropriate e-signature tools and retain evidence of the signing process.

Do I need consent for cookies on my UK website

For most non-essential cookies and similar technologies, PECR requires prior consent. Analytics and advertising cookies usually need consent. Strictly necessary cookies used to deliver a service requested by the user do not require consent. Provide a clear cookie notice, obtain granular choices, and allow users to change preferences.

What are my obligations when sending marketing emails or SMS

You need consent for marketing to individuals unless the soft opt-in applies for similar products to existing customers. Always identify your business, provide an easy unsubscribe, and keep accurate preference records. Respect UK GDPR rules on lawful basis and transparency. Business-to-business rules are more flexible but still regulated.

How should I handle returns and refunds for distance sales

Provide pre-contract information, confirm it in a durable medium, and honour the 14-day cancellation period for most consumer distance contracts. Refund the full price and basic delivery cost within 14 days of receiving the returned goods or proof of posting. Faulty goods rights under the Consumer Rights Act 2015 also apply.

What do I need to know about influencer marketing and online reviews

Influencers must clearly disclose paid or gifted relationships. Claims must be accurate and substantiated. Do not suppress negative reviews or publish fake ones. The CMA and ASA can take action against misleading practices. The DMCC Act 2024 strengthens enforcement and addresses fake reviews, with phased commencement.

Does the Online Safety Act apply to my business

If you operate a user-to-user service or a search service accessible in the UK, you may have duties to assess risks and implement proportionate safety measures. Ofcom is rolling out codes and guidance in stages. Even if out of scope, robust content moderation, reporting tools, and terms enforcement are prudent.

How do UK GDPR and the ICO fee apply to a small Aberdeen startup

UK GDPR applies if you process personal data. Most organisations must pay a modest annual fee to the ICO, with exemptions for some activities. You should maintain records of processing, provide privacy information, honour data rights, secure data, and have contracts with processors that meet legal standards.

How are domain name disputes handled for .uk domains

Nominet operates the .uk registry and provides a dispute resolution service for abusive registrations such as cybersquatting. You can file a complaint to seek transfer or cancellation. For other domains, a similar procedure under the Uniform Domain-Name Dispute-Resolution Policy may be used.

We sell into the EU from Aberdeen. What extra rules might apply

EU consumer protection, platform, and product rules may apply if you target or sell to EU consumers, including rules on geoblocking, VAT regimes, and the EU Digital Services Act for certain platforms. You may need EU-facing terms, VAT arrangements, and processes for cross-border returns. Obtain tailored advice for your target markets.

Additional Resources

Information Commissioner's Office for UK data protection and the Age-Appropriate Design Code.

Competition and Markets Authority for consumer protection enforcement and guidance on online reviews and pricing.

Advertising Standards Authority and the CAP Code for online advertising and influencer marketing rules.

Ofcom for Online Safety Act duties and codes of practice for in-scope services.

Nominet for .uk domain registrations and dispute resolution information.

Intellectual Property Office for trade marks, designs, and copyright guidance.

Trading Standards Scotland and Aberdeen City Council Trading Standards for local consumer law enforcement and business advice.

Police Scotland cybercrime resources and reporting channels for online fraud and computer misuse.

Scottish Courts and Tribunals Service for information on Sheriff Court procedures, including the Simple Procedure.

Law Society of Scotland for finding a solicitor, and Citizens Advice Scotland for initial guidance to consumers and small businesses.

Next Steps

Clarify your business model, customer journeys, and data flows. Document what you sell, where you sell, how you market, what data you collect, the technologies you use, and any third-party processors or platforms.

Identify your risk areas. Common hotspots include cookies and tracking, email marketing, subscriptions and auto-renewals, returns and refunds, user-generated content, influencer relationships, and cross-border sales.

Assemble your materials. Gather existing terms and policies, supplier and platform contracts, privacy notices, cookie audit results, marketing scripts, and any regulator or customer correspondence.

Speak with a solicitor qualified in Scots law with UK e-commerce experience. Ask for a scoped review covering consumer law, data protection, advertising, IP, and platform obligations, and request prioritised actions and templates you can maintain.

Implement quick wins. Update notices and templates, configure a compliant cookie consent tool, refine checkout disclosures, add a clear cancellation route, and train staff on data rights and complaint handling.

Plan for upcoming changes. Track the phased rollout of the Online Safety Act and the Digital Markets, Competition and Consumers Act. Schedule periodic policy and tech reviews so compliance keeps pace as your business grows.

This guide is general information for Aberdeen-based readers and is not legal advice. For advice on your situation, consult a qualified solicitor.