Best E-commerce & Internet Law Lawyers in Arlesheim

About E-commerce & Internet Law in Arlesheim, Switzerland

E-commerce and internet activities in Arlesheim are primarily governed by Swiss federal law, with enforcement and court procedures handled at the cantonal level in Basel-Landschaft. Businesses selling online to customers in Switzerland must comply with rules on information duties, price display, data protection, advertising, electronic contracting, and consumer protection. Arlesheim is part of the Basel-Landschaft court district, so disputes are resolved under the Swiss Civil Procedure Code before local conciliation authorities and civil courts.

Switzerland does not have a single e-commerce statute. Instead, key obligations arise from the Swiss Code of Obligations, the Federal Act on Unfair Competition, the Federal Act on Data Protection, the Ordinance on the Indication of Prices, sectoral regulations such as telecom and copyright, and tax laws including VAT. Swiss rules often align with European standards but are not identical, which matters for businesses serving both Swiss and EU customers.

Why You May Need a Lawyer

Many online businesses start with standard website templates and off-the-shelf policies. As soon as you collect personal data, sell across borders, or scale marketing, legal requirements become more complex. A lawyer can help you structure compliant terms and operations before problems arise and defend you if they do.

Common situations where legal help is useful include drafting clear terms and conditions, privacy notices, and cookie disclosures tailored to Swiss law, setting up compliant order processes and price disclosures for a new webshop, assessing whether your marketing emails and influencer campaigns meet anti-spam and advertising rules, handling consumer complaints, chargebacks, and warranty claims, reviewing cross-border data transfers and vendor contracts under the revised Swiss Data Protection Act, resolving domain name and trademark disputes, responding to takedown requests for IP or defamation claims on your platform, advising on VAT registration, invoicing and marketplace models that affect tax liability, and representing you before Basel-Landschaft authorities, conciliation bodies, or courts in Arlesheim when a dispute escalates.

Local Laws Overview

Contracts and online sales - Under the Swiss Code of Obligations, online purchases form binding contracts when offer and acceptance are exchanged. Standard terms are only binding if properly incorporated and not unusual without explicit notice. Unusual clauses like far reaching liability exclusions should be highlighted. Electronic signatures are recognized under the Federal Act on Electronic Signatures. A qualified electronic signature is legally equivalent to a handwritten signature where written form is required.

E-commerce information duties - The Federal Act on Unfair Competition requires online sellers to clearly disclose their identity and a valid contact address, to explain the technical steps to conclude a contract, to provide a way for customers to detect and correct input errors, and to acknowledge orders without delay. These duties shape how your checkout, confirmation emails, and legal pages should work.

Price display - The Ordinance on the Indication of Prices requires consumer facing prices to be shown in Swiss francs, inclusive of VAT and mandatory charges. Shipping costs, fees, and recurring subscription charges must be disclosed clearly before purchase. For subscription models, renewal and cancellation conditions must be visible before checkout.

Returns and warranties - Swiss law does not grant a general right of return for online purchases. Legal warranty for defects typically lasts two years from delivery and may be shortened to one year for used goods by agreement. Clauses that are surprising or unfair can be ineffective under unfair competition rules.

Data protection and cookies - The revised Federal Act on Data Protection is in force. You must provide a transparent privacy notice, maintain records of processing where required, conclude processor agreements with service providers, and notify the Federal Data Protection and Information Commissioner of certain data breaches that pose a high risk. Consent is required for certain high risk processing. Switzerland does not have an identical EU style cookie consent rule, but tracking that processes personal data must meet transparency and legal basis requirements. If you target EU users you likely need to meet GDPR too.

Cross border data transfers - Transfers of personal data outside Switzerland require an adequacy decision or safeguards such as standard contractual clauses with Swiss specific provisions. The Swiss authority maintains an adequacy list. The Swiss US Data Privacy Framework allows transfers to certified US organizations.

Marketing and spam - Unsolicited commercial emails and SMS are generally prohibited unless the recipient has consented or there is an existing customer relationship and a clear opt out is provided. Sender identity must not be concealed. Special advertising rules apply for sensitive sectors and for targeting minors.

Platform and content liability - Hosts and platforms are expected to act upon notice of unlawful content to avoid liability. Personality rights and defamation claims can lead to takedown or injunction orders. Copyright enforcement can involve notice procedures and court actions. There is no general NetzDG type law, but civil and criminal remedies apply.

Geoblocking and access - Swiss law prohibits unjustified discrimination of Swiss customers based on nationality, residence, or place of business, including certain forms of geoblocking and forced rerouting. Price differences between countries may still be possible if objectively justified.

Tax and VAT - If your worldwide turnover reaches the statutory threshold and you supply taxable goods or services in Switzerland, you must register for Swiss VAT, charge VAT on domestic supplies, and issue compliant invoices. Foreign sellers shipping into Switzerland and digital service providers may have Swiss VAT obligations. Consumer prices should include VAT.

Intellectual property and domains - Trademarks are registered with the Swiss Federal Institute of Intellectual Property. The .ch registry is operated by SWITCH. Disputes over .ch domains can be resolved through the SWITCH dispute process or court proceedings.

Local procedure in Arlesheim - Before suing, most civil disputes must go to a conciliation authority in Basel-Landschaft. Many consumer and small business disputes follow a simplified procedure. Depending on domicile, cases may be heard by the civil district court seated in Arlesheim. Basel-Landschaft has no separate commercial court, so e-commerce disputes proceed in ordinary courts.

Frequently Asked Questions

What information must my online shop display to be compliant in Switzerland?

Display your full business name, geographic address, and a direct contact method, your commercial register number if applicable, total prices in CHF including VAT and mandatory charges, clear shipping costs, subscription conditions if relevant, and terms and conditions and privacy notice accessible before checkout. Your checkout should explain the steps to conclude the contract, allow correction of input, and send an immediate order confirmation.

Do Swiss consumers have a general right to return online purchases?

No. There is no general right of return for online purchases in Switzerland. Retailers may offer contractual returns voluntarily. Specific statutes grant revocation rights in limited scenarios such as certain unsolicited doorstep or telephone sales. Warranty rights for defects remain available.

What are my obligations under the revised Swiss Data Protection Act?

Provide a transparent privacy notice, collect only data necessary for stated purposes, ensure security, conclude processor agreements, maintain records of processing where required, perform impact assessments for high risk processing, and notify the authority of serious personal data breaches without delay if there is a high risk to individuals. Honor access, correction, and deletion requests where applicable. Appoint a Swiss representative if you are abroad and conduct certain large scale risk prone processing of data about persons in Switzerland.

Do I need cookie banners on my Swiss website?

Swiss law does not impose the same cookie consent regime as the EU. However, tracking cookies that process personal data require a lawful basis and transparency. If you target or monitor EU users, you should implement GDPR compliant consent tools. Many Swiss sites use consent banners for consistency and cross border compliance.

Can I send marketing emails to customers in Arlesheim without consent?

Unsolicited emails generally require prior consent. You can email existing customers about similar products if you obtained their address during a sale, clearly offered an opt out at collection and in each message, and use your real identity. Purchased address lists are risky and often non compliant.

How are online contract terms enforced in Switzerland?

Terms and conditions bind customers if brought to their attention before purchase and accepted. Unusual or onerous clauses must be clearly highlighted to be enforceable. Clauses that significantly and unjustifiably disadvantage consumers can be considered unfair under the Unfair Competition Act.

What warranty must I offer for goods sold online?

The default legal warranty period is two years from delivery. For used goods it can be reduced to one year by agreement. You can limit warranty to the extent permitted by law, but exclusions must be clear, not deceptive, and not abusive. Separate commercial guarantees are optional and must not reduce legal rights.

Do I need to register for Swiss VAT as an online seller?

If your worldwide turnover reaches the legal threshold and you make taxable supplies in Switzerland, you must register, charge VAT on applicable domestic supplies, and file returns. Foreign sellers and providers of digital services to Swiss customers can have Swiss VAT obligations. Consumer prices should include VAT and any mandatory fees.

How are domain name disputes for .ch handled?

.ch domains are managed by SWITCH. Disputes can be addressed through SWITCH dispute procedures or court actions. Trademark owners can challenge domains that infringe their rights. Evidence of bad faith or lack of rights can support transfer or cancellation.

Where would an e-commerce dispute be heard in Arlesheim?

Most disputes begin at the conciliation authority in Basel-Landschaft. If unresolved, the case proceeds to the competent civil district court. Depending on the parties, proceedings may be before the court seated in Arlesheim under simplified or ordinary procedures governed by the Swiss Civil Procedure Code.

Additional Resources

Federal Data Protection and Information Commissioner for guidance on data protection and breach notifications.

State Secretariat for Economic Affairs for unfair competition and e-commerce information duties and price display rules.

Federal Tax Administration for VAT registration, invoicing, and online sellers guidance.

Swiss Federal Institute of Intellectual Property for trademarks and designs.

SWITCH for .ch domain registrations and dispute procedures.

Swiss National Cyber Security Centre for cybersecurity alerts and incident reporting.

Basel-Landschaft Handelsregisteramt for company registration and extracts.

Basel-Landschaft conciliation authorities and civil courts for dispute resolution information.

Swiss Consumer Protection organizations for consumer facing best practices and dispute support.

Ombudscom for telecom related consumer disputes and mediation.

Next Steps

Map your operation. List what you sell, where customers are located, what personal data you collect, which tools and vendors you use, and your fulfillment and returns processes. This scoping step determines which rules apply.

Fix the essentials. Prepare Swiss focused terms and conditions, a clear privacy notice, a cookie and tracking disclosure, and a compliant checkout flow with proper price display and order confirmation. Review your email marketing and consent collection.

Assess data protection. Inventory data flows, sign processor agreements with service providers, review cross border transfers, and set up a breach response plan. Consider appointing a point person for privacy compliance.

Review taxes and invoicing. Confirm whether you must register for Swiss VAT, adapt your invoicing, and configure your webshop to display VAT inclusive prices and correct shipping fees to Swiss customers.

Protect your brand. Check trademarks and domain name strategy, and set a notice and takedown process if you host user content.

Engage local counsel. Contact an e-commerce and data protection lawyer familiar with Basel-Landschaft practice. Bring your site map, sample customer journeys, draft policies, vendor list, and questions to an initial consultation for efficient advice.

Plan for disputes. Establish internal procedures for handling consumer complaints, warranty claims, chargebacks, and legal notices. Know the conciliation step required before litigation in Basel-Landschaft and budget for translation if you operate in multiple languages. This guide is informational only and not legal advice.