Best E-commerce & Internet Law Lawyers in Borgholm
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Find a Lawyer in BorgholmAbout E-commerce & Internet Law in Borgholm, Sweden
E-commerce and Internet Law in Borgholm operates within the broader Swedish and European Union legal frameworks. Whether you run a web shop from Borgholm, sell digital services, or operate an online marketplace that reaches customers across Sweden and the EU, you must comply with a blend of national statutes and directly applicable EU regulations. Local municipal rules can also apply to your physical premises, warehousing, signage, and certain permits, even if most of your business is conducted online.
Core topics include consumer protection in distance sales, privacy and data protection, marketing and pricing practices, electronic contracts and signatures, platform obligations, payment security, taxation and customs, intellectual property, cookies and electronic communications, and cybersecurity. Compliance is not only a legal requirement but also a trust factor for customers inside and outside Sweden.
Why You May Need a Lawyer
Launching or scaling an online business often raises legal questions from day one. A lawyer can help you select the right company structure, draft clear terms and conditions, prepare compliant privacy notices, and ensure that your checkout flow satisfies pre-contract information and consent requirements. This prevents costly rework and enforcement actions later.
If you sell to consumers, legal counsel is useful when setting up return policies, handling the 14-day cooling-off period, communicating price discounts, and dealing with complaints. Lawyers can align your policies with Swedish consumer law and EU directives implemented in Sweden.
Data protection and cookies are frequent pain points. A lawyer can assess your GDPR compliance, choose appropriate legal bases, draft data processing agreements with vendors, and set up cookie consent that meets Swedish guidance under the Electronic Communications Act.
Marketing and influencer collaborations benefit from legal input to avoid unfair marketing, hidden advertising, unsubstantiated claims, and non-compliant price reduction announcements. This is especially important when targeting Swedish consumers.
If you operate a platform or marketplace, counsel can design notice-and-action procedures for illegal content, draft transparent ranking and suspension policies for business users, and navigate EU Digital Services Act and Platform-to-Business rules.
Other common triggers for legal help include cross-border VAT and customs for EU and non-EU sales, payment services and strong customer authentication, domain name disputes, copyright or trademark takedowns, accessibility obligations, and responses to regulator inquiries or data breaches.
Local Laws Overview
Consumer protection in distance sales. Sweden implements EU consumer law for online sales and subscriptions. You must provide clear pre-contract information, including identity and contact details, key characteristics, total price including taxes and fees, delivery costs, right of withdrawal, and complaint handling. Consumers generally have a 14-day cooling-off period for distance contracts, with specific exceptions such as custom goods or fully delivered digital content after explicit consent to lose the right of withdrawal. The Swedish Consumer Sales Act covers goods including goods with digital elements, and new Swedish rules implement the EU Digital Content Directive for digital content and digital services. You must provide legal guarantees and remedies for lack of conformity.
Privacy and data protection. The EU General Data Protection Regulation applies, complemented by the Swedish Data Protection Act. Online merchants must have a lawful basis for processing, provide transparent privacy notices in plain Swedish when targeting Swedish consumers, honor data subject rights, implement appropriate security, and notify the Swedish Authority for Privacy Protection of personal data breaches within 72 hours when required. Data processing agreements are needed with payment providers, cloud hosts, and other vendors.
Cookies and electronic communications. The Swedish Electronic Communications Act requires consent before storing or accessing non-essential cookies or similar technologies on a user device. Analytics, marketing, and personalization cookies typically need prior consent, while strictly necessary cookies do not. The Post and Telecom Authority supervises aspects of cookie and communications rules.
Marketing, pricing, and influencer marketing. The Swedish Marketing Act prohibits unfair and misleading practices, requires that advertising is clearly identifiable, and regulates environmental and health claims. Price information must be correct, in Swedish when targeting Swedish consumers, and include taxes and unavoidable fees. EU Omnibus reforms add rules for announcing price reductions and for online reviews. Influencer collaborations must be clearly labeled as advertising, and ads directed at children face stricter scrutiny.
Contracts and e-signatures. The Swedish E-commerce Act sets information duties for online service providers and supports electronic contracting. Electronic signatures and trust services are governed at EU level by eIDAS, with Swedish complementary rules. Clickwrap and checkbox acceptance flows can form binding contracts if information and consent are clear and recorded.
Platform obligations. If you run an online marketplace or platform, EU Platform-to-Business rules require transparent terms on rankings, delisting, and dispute resolution. The EU Digital Services Act imposes layered obligations such as notice-and-action for illegal content, transparency reporting, and information for traders. Micro and small enterprises benefit from some proportionality but still have core duties.
Payments and security. Strong customer authentication for electronic payments is required under EU payment rules implemented in the Swedish Payment Services Act. Coordinate with your payment service provider to ensure compliant checkout and exemptions handling. Keep cardholder and personal data protected using appropriate technical and organizational measures.
Tax and customs. Swedish VAT applies to domestic sales, with a standard rate of 25 percent and reduced rates for certain goods. For EU cross-border B2C sales, the One Stop Shop simplifies VAT reporting. For imports, low-value consignment relief has been abolished in the EU and the Import One Stop Shop can simplify VAT on consignments up to 150 euros. Coordinate with the Swedish Tax Agency and Swedish Customs for registration, declarations, and compliance.
Intellectual property and domain names. Protect your brand with a Swedish or EU trademark where appropriate. Online sellers must respect copyright and trademark rights, and promptly respond to take-down requests. .se domain name disputes can be handled through the Swedish Internet Foundation's alternative dispute resolution procedure. Marketing law and IP matters are heard by the Patent and Market Court.
Product compliance and producer responsibility. If you place packaging, electronics, or batteries on the Swedish market, producer responsibility rules may require registration with a compliance scheme and reporting. Product safety and information obligations apply to many categories, and the Product Liability Act can impose liability for defective products.
Accessibility. The European Accessibility Act will apply to many digital services and e-commerce interfaces from 2025, requiring accessible design for users with disabilities. Planning early helps avoid retrofits.
Local Borgholm considerations. Your online business may operate from premises in Borgholm. Depending on activities, you may need to consider zoning, signage, waste handling, and environmental health permits through the municipality, especially for food, cosmetics, or warehousing. Local consumer guidance services may be available via the municipality or regional collaboration. While the legal rules for online sales are national and EU-level, local authorities can assist with practical setup and compliance for your physical operations.
Frequently Asked Questions
What information must my webshop display before a customer orders
Provide your legal name, organization number, geographic address, email and other contact details, key product characteristics, total price including taxes and fees, delivery and return costs, payment and delivery methods, the 14-day withdrawal right and how to exercise it, complaint procedures, and any applicable warranties. This information must be clear, easy to find, and in Swedish when targeting Swedish consumers.
How do cookie rules work for Swedish visitors
You must obtain prior consent for non-essential cookies such as analytics, advertising, and personalization. Consent must be informed, freely given, specific, and granular. Pre-ticked boxes are not valid. Essential cookies needed for the site or checkout to function can be set without consent, but you should still inform users about them.
What is the cooling-off period for online consumer purchases
Consumers generally have 14 days from receipt of goods or from contract conclusion for services to withdraw without giving a reason. For digital content not supplied on a tangible medium, the right can be lost if the consumer expressly consents to immediate delivery and acknowledges the loss before delivery. There are other exceptions such as custom-made items or sealed hygiene products once unsealed.
How should I handle returns and refunds
When the consumer exercises the right of withdrawal within 14 days, you must refund all payments including the standard delivery cost without undue delay and no later than 14 days after being informed of the decision to withdraw. You may withhold the refund until you have received the goods or the consumer supplies proof of having sent them back. The consumer bears the cost of return shipping if you informed them of this in advance.
Do I need a privacy notice and what should it contain
Yes. Your privacy notice must explain what personal data you collect, purposes and legal bases, retention periods, recipients and processors, international transfers, user rights, how to contact you and your data protection contact, and how to lodge a complaint with the Swedish Authority for Privacy Protection. Keep it concise and clear, and ensure it matches your actual data practices.
Can I send marketing emails to Swedish consumers
Email marketing to consumers generally requires prior opt-in consent. A limited soft opt-in is allowed for existing customers where you obtained the email during a sale, are marketing similar products, and offered an easy opt-out at collection and in each message. All messages must include an easy unsubscribe mechanism and clear sender identity.
What do I need to know about price reductions and promotions
Announced discounts must be genuine and transparent. When advertising a price reduction to consumers, you typically must show the prior price used for a set period before the reduction according to EU Omnibus rules as implemented in Sweden. Avoid misleading comparisons, hidden fees, and drip pricing. Display prices in SEK and include VAT where you target Swedish consumers.
How are VAT and customs handled for cross-border sales
For EU B2C sales, you can use the One Stop Shop to report VAT in a single return for multiple member states. For non-EU imports into the EU, import VAT applies, and the Import One Stop Shop can simplify VAT on consignments up to 150 euros. Keep records and coordinate with your logistics partner and the Swedish Tax Agency and Swedish Customs for registrations and declarations.
What are my obligations if I run an online marketplace
You must identify professional traders on your platform, provide clear terms on ranking, suspension, and dispute resolution under Platform-to-Business rules, and implement notice-and-action procedures for illegal content under the Digital Services Act. You will also have specific transparency and reporting duties scaled to your platform size.
How are disputes resolved and which authority can help
Consumers can take disputes to the National Board for Consumer Disputes for a free review. Marketing, pricing, and consumer protection oversight is handled by the Swedish Consumer Agency, while privacy matters are handled by the Swedish Authority for Privacy Protection. Court disputes on marketing and IP are heard by the Patent and Market Court. Many issues settle through negotiation once rights and obligations are clarified.
Additional Resources
Swedish Consumer Agency Konsumentverket. Guidance on distance sales, marketing practices, price information, and influencer marketing. Useful for checking what information must be on your site and how to present prices and promotions.
Swedish Authority for Privacy Protection IMY. Guidance on GDPR compliance, data breaches, data subject rights, and DPIAs. Important for online stores, apps, and platforms processing personal data.
Post and Telecom Authority PTS. Guidance on cookies, consent requirements, and electronic communications matters affecting websites and apps.
Swedish National Board for Consumer Disputes ARN. Alternative dispute resolution body for consumer disputes relating to online purchases.
Swedish Tax Agency Skatteverket and Swedish Customs Tullverket. Information on VAT registration, OSS and IOSS, invoicing, and import procedures for cross-border e-commerce.
Bolagsverket. Company registration, beneficial ownership filings, and corporate information relevant to running an online business.
Swedish Internet Foundation. Information on .se domain registrations and the alternative dispute resolution procedure for domain name conflicts.
Patent and Registration Office PRV. Intellectual property filings and guidance on trademarks and designs for brand protection.
European Consumer Centre Sweden. Assistance with cross-border consumer issues within the EU involving online purchases.
Next Steps
Map your business model. Identify what you sell, your target markets, whether your buyers are consumers or businesses, and whether you operate a platform or a single-vendor shop. This determines which rules apply.
Audit your customer journey. Review product pages, cart, checkout, and emails for required pre-contract information, withdrawal rights, pricing transparency, and confirmation communications on a durable medium.
Align data protection. Inventory personal data, choose lawful bases, update your privacy notice and cookie disclosures, implement consent management, and sign data processing agreements with vendors. Establish breach response procedures.
Tighten your documents. Prepare or refresh terms and conditions, returns policy, warranty statements, marketplace terms for traders if applicable, and internal compliance checklists. Use plain Swedish for consumer-facing content.
Coordinate payments and security. Confirm strong customer authentication with your payment service provider, minimize stored personal and payment data, and implement appropriate security controls and access management.
Set marketing guardrails. Establish rules for fair pricing, substantiation of claims, influencer disclosures, and advertising to children. Maintain an approvals process for campaigns and promotions.
Sort tax and customs. Register for VAT as needed, evaluate use of OSS or IOSS, and agree on incoterms and customs workflows with carriers. Ensure invoices and records meet Swedish bookkeeping requirements.
Check local practicalities in Borgholm. If you operate from premises, verify any municipal permits or notifications tied to signage, warehousing, waste handling, or product categories such as food or cosmetics.
Engage counsel early. A Swedish e-commerce and internet law lawyer can conduct a compliance review, tailor policies to your operations, and represent you in discussions with regulators or in disputes.
Monitor updates. EU and Swedish rules evolve, including Digital Services Act implementation, accessibility obligations, and consumer law updates. Assign responsibility for tracking changes and refreshing policies.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.