Best E-commerce & Internet Law Lawyers in Brooklyn

About E-commerce & Internet Law in Brooklyn, United States

E-commerce and internet law covers the legal rules that affect online businesses, websites, digital services, mobile apps and online marketplaces. In Brooklyn, which is part of New York City and Kings County, both federal and state law apply, together with New York City rules and local enforcement practices. Common legal areas include consumer protection, privacy and data security, intellectual property, taxation for online sales, advertising and marketing rules, electronic contracts and terms of service, payment and fraud issues, and regulatory compliance for specific products or industries.

This guide is written to give readers a clear, practical view of the legal landscape for e-commerce in Brooklyn. It focuses on what matters when you start, run, sell through or buy from online businesses operating in or serving customers in Brooklyn and the rest of New York.

Why You May Need a Lawyer

Online business owners, sellers on marketplaces, app developers and web publishers often need a lawyer when legal risks or complex compliance issues arise. Typical reasons include:

- Starting a business or choosing the right entity - such as a sole proprietorship, limited liability company or corporation - and handling New York state registration.

- Drafting or reviewing terms of service, privacy policies, return and refund policies, seller agreements and website contracts to reduce liability and set the rules for users and customers.

- Ensuring compliance with privacy and data security laws - including drafting data security plans, data processing agreements, and responding to breach requirements under the New York SHIELD Act.

- Handling intellectual property matters - obtaining, enforcing or defending trademarks and copyrights, preparing takedown notices, and responding to DMCA counter-notices.

- Dealing with consumer protection investigations or claims under the Federal Trade Commission rules or New York General Business Law.

- Resolving disputes with payment processors, marketplaces, suppliers or customers - including chargebacks and escrow disputes.

- Navigating sales tax collection and remittance obligations for online sales, and responding to audits from state or local tax authorities.

- Responding to government enforcement, subpoenas or litigation, including product liability or false advertising claims.

Local Laws Overview

In Brooklyn you must consider a layered legal framework - federal law, New York State law, and New York City rules and enforcement. Key local aspects to watch are:

- Sales and Use Tax - New York State requires online sellers to collect and remit sales tax if they meet economic nexus thresholds and other requirements. New York also imposes collection obligations on marketplace facilitators who process sales through a platform. Sellers must register with the New York State Department of Taxation and Finance and obtain a Certificate of Authority if they are required to collect sales tax.

- Data Privacy and Security - The New York SHIELD Act imposes a duty to implement reasonable safeguards for personal data, defines what constitutes private information, and requires notice to affected individuals and the Attorney General after a breach. Businesses operating in Brooklyn must comply with the SHIELD Act in addition to any applicable federal rules.

- Consumer Protection - New York General Business Law includes broad prohibitions on deceptive acts and practices. The New York Attorney General and the New York City Department of Consumer and Worker Protection enforce consumer protection laws and can take action against unfair or deceptive online practices.

- Advertising and Marketing - New York follows federal truth-in-advertising rules enforced by the Federal Trade Commission. Endorsements, influencer marketing and claims about products and services must be accurate and substantiated.

- Intellectual Property - Federal copyright and trademark laws apply nationwide, but New York courts frequently hear IP disputes. Online platforms hosted in Brooklyn or serving Brooklyn customers must follow DMCA procedures for takedown notices and counter-notices.

- Accessibility - While federal courts differ on the precise application of the Americans with Disabilities Act to websites, many New York businesses face accessibility claims. Best practice is to adopt accessibility standards and remediation plans for websites and apps.

- Local Business Requirements - New York City may require certain business registrations, permits, or licenses depending on the product or service. Local consumer protection and licensing offices can have rules that affect how you market and sell in the city.

Frequently Asked Questions

Do I need a privacy policy for my website or app?

Yes. Most online businesses should publish a clear privacy policy that explains what data you collect, how you use it, who you share it with, how long you keep it, and how users can exercise rights like access or deletion where applicable. Privacy policies are required by many online platforms and by laws such as the New York SHIELD Act and federal rules in certain contexts. A lawyer can help tailor the policy to your business and privacy obligations.

When must I collect and remit sales tax for online sales in New York?

New York requires remote sellers and marketplace facilitators to collect and remit sales tax if they meet the state thresholds for economic nexus or if the marketplace rules apply. Sellers doing business in New York must register with the state tax authority to collect sales tax. Because rules change and depend on your sales volume, the products you sell and whether you sell through marketplaces, consult a tax professional or attorney for current guidance.

What should I do if my business suffers a data breach?

Act quickly. Steps generally include preserving evidence, containing the breach, notifying affected individuals as required by the SHIELD Act and other laws, notifying regulators if required, and taking steps to remediate vulnerabilities. Work with technical experts and consult an attorney to ensure you meet legal notice obligations and to manage potential liability and regulatory exposure.

How can I protect my brand and content online?

Protect your brand by registering trademarks with the U.S. Patent and Trademark Office, enforcing your rights against infringers, and using contracts that preserve ownership of content and code. For copyrighted works, register copyrights where appropriate and use DMCA procedures to request removal of infringing content hosted elsewhere. An attorney can help create enforcement strategies and send cease and desist letters or file claims when needed.

Are there special rules for advertising and influencer marketing?

Yes. Advertising claims must be truthful and supported by evidence. If you use influencers or paid endorsements, material connections must be disclosed and ads must not be deceptive. The Federal Trade Commission enforces these rules and New York state enforcement authorities can also take action for misleading advertising.

What do I need in my terms of service or terms of use?

Terms of service should define permitted uses of your site, intellectual property ownership, warranties and disclaimers, limitations of liability, dispute resolution mechanisms such as arbitration or governing law, and termination rights. Make sure the terms are enforceable by following best practices for presentation and user assent. An attorney can draft or review terms to align with New York law and your business model.

How should I handle chargebacks and payment disputes?

Establish clear refund and return policies, document transactions and communications, and use the dispute resolution processes provided by payment processors. For frequent or large disputes, consult a lawyer to review contractual terms with processors, to address fraudulent activity, and to respond effectively to claims that could lead to regulatory or contractual penalties.

Can I sell regulated products online in Brooklyn?

Many regulated products require special compliance - for example, food and beverages, cosmetics, pharmaceuticals, alcohol, firearms and medical devices. Local, state and federal licensing, labeling and safety rules may apply. Before listing regulated products, consult an attorney knowledgeable in the relevant regulatory area to confirm licenses, labeling, testing and other requirements.

What happens if a customer sues me in another state?

Jurisdiction and choice-of-law clauses in your contracts can influence where disputes are litigated and which law governs. New York courts generally respect clear contractual forum and governing law provisions, but enforceability depends on contract language and fairness factors. A lawyer can help draft clauses that provide predictability and evaluate whether a foreign court has jurisdiction over your business.

How do marketplace rules affect my rights and responsibilities?

When you sell through an online marketplace, that platform typically has its own terms, fee schedule, dispute processes and rules on listing content, returns and taxes. Marketplaces can limit your control over customer interactions and may restrict remedies. Review marketplace agreements carefully and consider legal help to negotiate terms, manage takedowns, or resolve disputes with the platform.

Additional Resources

For authoritative guidance, enforcement contacts and business filings, consider these resources and agencies:

- New York State Department of Taxation and Finance

- New York State Attorney General - Consumer Frauds and Protection Bureau

- New York State Department of State - Division of Corporations

- New York City Department of Consumer and Worker Protection

- Federal Trade Commission

- U.S. Copyright Office

- United States Patent and Trademark Office

- Federal Communications Commission for certain communications rules

- Local bar associations and lawyer referral services for Brooklyn and New York City

- Small Business Development Centers and local business resource centers for operational guidance

Next Steps

If you need legal assistance in e-commerce or internet law in Brooklyn, here is a practical approach:

- Conduct a legal checklist or audit - Identify your business model, the products and services you offer, where your customers are located, the data you collect, and the platforms you use.

- Gather documents - Collect your current terms of service, privacy policy, contracts, marketing materials, payment processor agreements, tax registration documents, and any notices or complaints you have received.

- Prioritize risks - Decide whether immediate issues include compliance gaps, breach response, intellectual property exposure or tax problems.

- Find the right lawyer - Look for attorneys or firms experienced in e-commerce, internet law and New York state and city regulations. Ask about experience with marketplace disputes, data breaches, sales tax, and consumer protection enforcement. Use local bar referrals and professional recommendations.

- Prepare for the first meeting - Bring your audit results, documents and a short summary of the problem and goals. Ask about fee structures - fixed-fee project work, hourly billing or retainers - and expected timelines.

- Consider alternative resources - For early stage or low-budget needs, use business clinics, nonprofit legal aid organizations, or local business development centers for preliminary guidance.

Remember that online laws change quickly. Consulting a lawyer early can reduce legal risk, protect your business assets and help you grow with greater confidence.