Best E-commerce & Internet Law Lawyers in Diever

About E-commerce & Internet Law Law in Diever, Netherlands

E-commerce and internet law in Diever sits within the wider Dutch and European legal framework. While Diever is a village in the municipality of Westerveld, and there are few uniquely local rules for online businesses, companies operating from or selling into Diever must comply with Dutch civil and administrative law as well as EU regulations. Key areas include consumer protection for distance sales, data protection and cookies, online advertising and influencer rules, electronic contracts and signatures, platform liability and notice-and-takedown, intellectual property, online marketplace compliance, payment security, VAT rules for cross-border sales, and sector-specific duties like age checks for restricted goods. Enforcement is handled by national regulators such as the Netherlands Authority for Consumers and Markets and the Dutch Data Protection Authority, with EU-level rules like the Digital Services Act adding platform obligations.

Why You May Need a Lawyer

- You sell goods or services online to consumers and need compliant terms and a checkout flow that meets distance selling and pricing rules.

- You collect customer data and must align privacy notices, consent flows, cookie banners, and processor contracts with the GDPR and the Dutch Telecommunications Act.

- You run or use an online marketplace, platform, or app and need to implement Digital Services Act, Platform-to-Business, notice-and-takedown, and content moderation policies.

- You expand cross-border within the EU and need VAT OSS or IOSS setup, geo-blocking compliance, and language and consumer law alignment.

- You face complaints, chargebacks, negative reviews, or regulator inquiries and need representation or settlement strategies.

- You work with influencers or run targeted ads and need to comply with advertising and pricing transparency rules, including discount announcements and review authenticity.

- You manage IP risks such as counterfeit listings, copyright takedowns, or domain name disputes for .nl domains.

- You sell restricted products like alcohol or nicotine liquids and must implement lawful age verification at purchase and delivery.

- You experience a data breach and must assess notification duties to the Dutch Data Protection Authority and affected users.

- You license or build software, SaaS, or digital content and need contracts covering service levels, data processing, and digital content conformity rules.

Local Laws Overview

- Consumer contracts and distance sales: Dutch Civil Code Book 6 implements EU consumer directives. Consumers generally have a 14-day right of withdrawal for distance purchases, with clear pre-contract information duties. Certain goods like bespoke items, perishable goods, or digital content supplied with explicit consent can be excluded. You must present total pricing, delivery costs, and no pre-ticked boxes for paid extras.

- Pricing, discounts, and reviews: The Omnibus Directive implementation requires truthful price reductions referencing the lowest price in the prior 30 days for most goods, honest review practices, and transparency if reviews are verified. Drip pricing is prohibited.

- Data protection and cookies: The GDPR applies in the Netherlands under the Algemene verordening gegevensbescherming. You must have a lawful basis, minimization, purpose limitation, a privacy notice, and processor contracts. Non-essential cookies and similar technologies require prior consent under the Telecommunications Act. Privacy friendly analytics may be possible under Dutch guidance if configured restrictively.

- Digital Services Act: Hosting services and platforms must offer clear notice-and-action mechanisms, reasoned statements for content decisions, ad transparency, and trader traceability on marketplaces. Very large platforms have additional duties. The Netherlands has designated the Authority for Consumers and Markets as the Digital Services Coordinator.

- Platform-to-Business Regulation: If you operate a platform used by business users, you must provide clear terms, ranking transparency, complaint handling, and data access rules.

- Payments and security: PSD2 requires strong customer authentication for most online payments. If you are not a licensed payment service provider, rely on licensed PSPs and ensure secure integrations.

- Electronic signatures and records: The eIDAS Regulation recognizes advanced and qualified electronic signatures. Dutch law admits electronic signatures as evidence when appropriate to the transaction and risk.

- Marketing and spam: The Telecommunications Act generally requires opt-in for commercial email or SMS, with a narrow existing customer soft opt-in. The Dutch Advertising Code includes specific rules for online and influencer advertising, including clear sponsorship disclosures.

- VAT and invoicing: Dutch VAT rates generally are 21 percent standard and 9 percent reduced for certain goods. For EU B2C distance sales, use the One Stop Shop to centralize VAT. For low value imports into the EU, consider IOSS. Keep compliant invoices and order records.

- IP and notice-and-takedown: Hosting providers benefit from conditional liability limitations if they act expeditiously after obtaining actual knowledge of unlawful content. A clear notice-and-takedown policy and repeat infringer handling reduce risk.

- Domain names and brand protection: .nl domains are managed by SIDN, with an administrative dispute procedure available. Trade mark registration in the Benelux can strengthen your position against infringing domains or listings.

- Sector rules: Online sale of alcohol requires robust age verification at ordering and at delivery under the Alcohol Act. Other restricted items have their own rules. If you place packaging on the Dutch market, you may have producer responsibility registration and reporting duties.

- Local context in Diever and Westerveld: Company registration is national with the Chamber of Commerce. Civil disputes typically fall under the District Court of Noord-Nederland with hearings in Assen for Drenthe. Brick-and-mortar aspects like local signage or permits are municipal, but pure online activities are governed by national and EU law.

Frequently Asked Questions

What business details must my webshop show on the website?

List your company name, geographic address, email contact, Chamber of Commerce registration number, VAT number if applicable, and easy to find terms and conditions and privacy policy. Provide clear pre-contract information including pricing, shipping costs, delivery times, and the right of withdrawal.

How does the 14-day right of withdrawal work for Dutch consumers?

For most distance purchases, consumers have 14 days from receipt to cancel without giving a reason. After notifying cancellation, they have 14 days to return goods. You must refund the purchase price and the standard outbound shipping costs. Consumers pay return shipping if you disclosed this upfront. Some exceptions apply, such as custom goods or sealed items not suitable for return for health reasons once unsealed.

Do I need cookie consent on my site?

Yes for non-essential cookies or similar technologies. Consent must be informed, freely given, and specific, with no pre-ticked boxes or cookie walls that block access without a genuine choice. Strictly necessary cookies do not require consent. Configure analytics in a privacy friendly way if you want to rely on an exemption per Dutch guidance.

What should my privacy notice include under the GDPR?

State what data you collect, purposes and legal bases, retention periods, recipients and processors, international transfers, user rights, contact details for your business and any data protection officer, and how to withdraw consent or lodge a complaint. Keep it concise and layered for clarity.

Are discount price claims regulated?

Yes. If you announce a price reduction, the reference price must generally be the lowest price used in the 30 days before the discount, subject to limited exceptions. Misleading pricing, hidden fees, and drip pricing are prohibited.

What obligations do online marketplaces have under the Digital Services Act?

Marketplaces must verify trader identity, provide notice-and-action mechanisms, give reasoned statements for content decisions, label ads and disclose key targeting parameters, and publish transparency reports. They must also design user friendly terms and interfaces that avoid dark patterns. Larger platforms face additional risk management duties.

Can I email customers with offers without prior consent?

Only if the customers purchased from you, you obtained their email in that context, the offers concern your similar products or services, and you offered an easy opt-out at collection and in each message. Otherwise obtain opt-in consent first.

How do cross-border EU sales affect VAT?

For B2C sales to other EU countries, you can use the VAT One Stop Shop to declare and remit VAT due in the buyer’s country through one portal. For imports into the EU of low value goods to consumers, the Import One Stop Shop can simplify VAT handling. Keep robust records to support your filings.

How are .nl domain disputes handled?

.nl domains are overseen by SIDN. If someone registers a confusingly similar .nl domain, you can file a complaint under the SIDN dispute resolution regulations, or pursue court action. Strong evidence of trade mark rights and bad faith helps.

What are my obligations if I suffer a data breach?

Assess the risk to individuals. If there is a risk, notify the Dutch Data Protection Authority without undue delay and within 72 hours if feasible, and inform affected individuals if there is a high risk. Document the breach and your response. Review contracts and security controls to prevent recurrence.

Additional Resources

- Netherlands Authority for Consumers and Markets - regulator for consumer law, DSA coordination, and fair competition.

- Dutch Data Protection Authority - guidance and supervision on the GDPR and data breaches.

- Netherlands Chamber of Commerce - company registration and entrepreneur guidance.

- Belastingdienst - tax and VAT information, including OSS and IOSS.

- Dutch Advertising Code Authority - advertising rules including influencer guidelines.

- SIDN - .nl domain registration and dispute procedures.

- Thuiswinkel.org and Stichting Webshop Keurmerk - industry codes of conduct and consumer dispute committees for webshops.

- District Court of Noord-Nederland - competent court for many civil disputes in Drenthe.

- Municipality of Westerveld - local business desk for premises related matters if you also operate offline.

- Dutch Bar Association - find licensed attorneys with expertise in IT and e-commerce law.

Next Steps

- Map your activities: list what you sell, where you sell, how you market, what data you collect, and what vendors you use. Identify whether you run a standalone webshop, a platform, or both.

- Gather documents: current terms and conditions, privacy and cookie policies, order confirmations, email templates, cookie scans, DPA agreements with processors, and platform rules if you host third-party sellers.

- Prioritize compliance gaps: check right of withdrawal information, pricing and discount practices, cookie consent flows, privacy notices, age checks if relevant, and VAT setup.

- Choose the right lawyer: look for a Dutch attorney experienced in e-commerce, consumer protection, GDPR, and platform regulation. Ask about similar matters handled and expected timelines.

- Prepare questions: clarify your goals, acceptable risk levels, and deadlines, such as a product launch or an audit.

- Implement and train: update website flows, templates, and contracts. Train staff on customer service scripts for returns, data subject rights handling, and incident response.

- Monitor and improve: laws evolve rapidly. Schedule periodic reviews for DSA transparency obligations, cookie banners, and marketing practices, especially before peak sales periods.

This guide provides general information and is not legal advice. For specific situations in Diever or elsewhere in the Netherlands, consult a qualified Dutch lawyer.