Best E-commerce & Internet Law Lawyers in Dornach

About E-commerce & Internet Law in Dornach, Switzerland

E-commerce and Internet law in Dornach is governed primarily by Swiss federal law, with certain administrative and enforcement aspects handled at the cantonal level in the Canton of Solothurn. If you run an online shop, a marketplace, a SaaS platform, or provide digital services to customers in Dornach, you must comply with rules on consumer protection, pricing, data protection and cybersecurity, electronic contracting, advertising and spam, intellectual property, product safety, taxation, and record-keeping. Local authorities such as the Solothurn Commercial Register, tax offices, and conciliation authorities play practical roles in business setup and dispute resolution, but the substantive rules are largely federal and apply uniformly across Switzerland.

Key themes include clear pre-contract information, accurate price indication in Swiss francs, fair commercial practices, transparent privacy notices, security of customer data, legally compliant marketing, and robust terms and conditions tailored to Swiss law. Cross-border sales can trigger additional foreign rules, especially if you target customers in the European Union, so businesses often harmonize Swiss compliance with international best practices.

Why You May Need a Lawyer

Launching or scaling an online business involves contracts, data, payments, and customers across borders. A lawyer can help you draft terms and policies, avoid unfair or unenforceable clauses, and reduce regulatory risk before problems arise.

Common situations include setting up Swiss law-compliant general terms and conditions, privacy notice, cookie policy, and returns policy. You may also need help with price display and promotions, especially when using discounts, comparisons, dynamic pricing, or marketplace models that trigger special disclosure duties.

Marketing campaigns often raise questions under the Unfair Competition Act, including newsletter opt-in, SMS marketing, influencer disclosures, and comparative advertising. A lawyer can design compliant consent flows and unsubscribe mechanisms and review ad content.

Data protection is central. You will need guidance under the revised Swiss Federal Act on Data Protection on transparency, consent for certain tracking or profiling activities, vendor management with processors, cross-border data transfers, security measures, and data breach response.

Platform and content issues arise if you host user content, run ratings or reviews, or face notice-and-takedown demands. Counsel can help establish moderation rules, escalation paths, and liability shields consistent with Swiss practice.

Consumer and product rules matter for warranties, product safety, take-back and recycling for electronics, age-restricted goods, and sector-specific approvals. A lawyer can align your product pages and workflows with applicable requirements.

Disputes happen. Whether you face chargebacks, defective goods claims, fraud, or IP complaints, local counsel can guide you through conciliation, court procedures in the Dorneck-Thierstein district, or settlement, and can prepare robust evidence and record-keeping in anticipation of litigation.

Cross-border sales raise VAT and customs questions, EU consumer law exposure if you target EU customers, and payment regulation issues. A lawyer can help structure your operations to minimize risk and administrative burden.

Local Laws Overview

Business formation and registration. If you operate as a company or commercial sole proprietorship, register with the Handelsregisteramt Solothurn and obtain a UID number. Ensure your website imprint identifies the business name, legal form, address, and a direct contact method.

Electronic commerce information duties. The Swiss Unfair Competition Act requires online sellers to provide clear identity and contact details, describe the steps to conclude a contract, and confirm orders transparently. Misleading omissions can be unfair commercial practices.

Consumer contracts and returns. Switzerland has no general statutory right of withdrawal for online purchases. Specific withdrawal rights exist for doorstep and certain unsolicited telemarketing contracts under the Code of Obligations, for consumer credit contracts, and for many insurance contracts under the Insurance Contract Act. Consider offering a voluntary return policy and state it clearly.

Legal warranty and guarantees. Statutory warranty for defects under the Code of Obligations generally lasts 2 years for movable goods. For used goods, the period can be reduced by agreement to 1 year. Contractual guarantees from manufacturers are optional and must not mislead customers about statutory rights. Clauses that fully exclude liability can be risky, especially in consumer settings and in cases of fraudulent concealment.

Price indication. The Price Indication Ordinance requires total prices in Swiss francs, including VAT and mandatory fees, with any additional delivery costs shown separately and clearly before checkout. Strikethrough or comparative prices must be truthful and substantiated.

Data protection and cookies. The revised Federal Act on Data Protection requires a transparent privacy notice, appropriate security measures, vendor contracts for processors, and documentation. Consent is required for certain high-risk profiling or processing of sensitive data. For cookies and tracking, ensure transparency and enable users to exercise choices. If you target EU customers, GDPR-level consent mechanisms are advisable.

Marketing and anti-spam. The Unfair Competition Act prohibits sending mass email or SMS advertising without prior consent, requires correct sender information, and mandates a simple opt-out. Influencer and affiliate promotions must be recognizable as advertising.

Electronic signatures and records. Qualified electronic signatures under Swiss law are equivalent to handwritten signatures for most contracts. Business records, including electronic invoices and key transactional logs, must be retained for 10 years in a tamper-evident manner consistent with Swiss record-keeping rules.

Platform and content liability. Hosting providers and platforms are not generally required to monitor content proactively, but can incur liability if they fail to act upon notice of unlawful content. Implement notice-and-takedown procedures and document moderation actions.

Product safety and sector rules. Selling products into Switzerland triggers the Product Safety Act and sector regulations. Electronics and many appliances must comply with applicable standards. Electrical and electronic equipment is subject to take-back and disposal obligations and advance recycling fees. Certain goods, such as food, cosmetics, medical devices, alcohol, and tobacco, have specific rules and age restrictions enforced at cantonal level.

Intellectual property. Respect third-party copyrights, trademarks, and design rights. Use licensed images and software. Open-source components must be used according to their licenses, including attribution and source code provision where required.

Payments and financial regulation. If you only accept payments via licensed payment service providers, you typically do not need a financial license. If you hold customer funds, issue stored value, or intermediate payments, consult on potential FINMA implications and anti-money laundering duties.

Tax and customs. VAT registration is required if your worldwide turnover from taxable supplies reaches the Swiss threshold. Show prices including Swiss VAT for domestic sales. Cross-border sales involve customs declarations and import VAT for customers. If you actively target EU consumers, consider EU VAT schemes and import rules in addition to Swiss obligations.

Local dispute resolution. Many civil disputes must start with a conciliation proceeding. For Dornach, the conciliation authority in the Dorneck-Thierstein district handles such proceedings before litigation in court.

Frequently Asked Questions

What disclosures must my Swiss online shop provide on the website and at checkout

You must identify your business name, legal form and address, and provide a direct contact method such as email. Display total prices in CHF including VAT and mandatory fees, show delivery costs separately before the customer places the order, describe the key steps to conclude the contract, and make your terms and conditions accessible before checkout. Order confirmation should be clear and include essential details.

Do Swiss customers have a guaranteed right to return online purchases

There is no general statutory right of withdrawal for online purchases in Switzerland. Specific rights exist for doorstep and some telemarketing contracts, consumer credit, and many insurance contracts. Many online sellers offer a voluntary return policy, which must be stated clearly and honored according to its terms.

How long is the legal warranty for defective products

As a default rule, the warranty period for movable goods is 2 years from delivery. For used goods, it can be reduced by agreement to 1 year. Contractual guarantees are separate and cannot undermine statutory rights. Excluding warranty entirely is risky with consumers and unlawful in cases of fraud or intentional concealment.

Do I need cookie banners under Swiss law

Swiss law requires transparency about tracking and the ability for users to exercise choices, and consent is required for certain high-risk profiling or sensitive data. Many Swiss sites implement banners to meet transparency and choice expectations. If you target EU users, GDPR-level consent for non-essential cookies is advisable.

Can I send newsletters to customers without prior consent

Unsolicited mass email or SMS advertising generally requires prior consent. Limited exceptions may apply for existing customers where you collected the address during a sale and clearly offered an opt-out. All messages must identify the sender correctly and include an easy unsubscribe mechanism.

Are electronic signatures valid for online contracts in Switzerland

Yes. Most online contracts can be formed by click-through without a signature. Where a signature is legally required, a qualified electronic signature under Swiss law is equivalent to a handwritten signature. Keep robust logs to evidence consent and contract formation.

What records must an online business keep and for how long

Business records, including invoices, accounting records, and key electronic transaction logs, must be retained for 10 years. Electronic retention must ensure integrity, availability, and readability throughout the retention period.

What should my terms and conditions cover for a Swiss online shop

Include seller identity, scope of goods or services, pricing and taxes, ordering and contract conclusion process, payment methods, delivery and performance timelines, warranty and return terms, liability allocation, data protection summary, governing law and venue, and contact details for support and complaints. Ensure clarity and avoid unfair or misleading clauses.

What data breach notifications are required under Swiss law

Under the revised Federal Act on Data Protection, you must notify the Federal Data Protection and Information Commissioner without undue delay if a breach is likely to result in a high risk to the personality or fundamental rights of affected persons. Inform affected individuals where necessary to protect them. Maintain an incident response plan and document breaches.

I sell from Dornach to EU consumers. Which extra rules apply

If you target EU consumers, EU consumer protection and data protection rules can apply in addition to Swiss law. Expect stricter consent for cookies and marketing, mandatory pre-contract information, and EU VAT schemes for distance sales. You may need to provide an EU returns address or designate representatives for certain obligations. Seek advice to structure compliant cross-border operations.

Additional Resources

State Secretariat for Economic Affairs SECO. Publishes guidance on e-commerce, unfair competition, price indication, and consumer protection in Switzerland.

Federal Data Protection and Information Commissioner FDPIC. Issues guidance on the revised Federal Act on Data Protection, privacy notices, cross-border transfers, and breach notifications.

National Cyber Security Centre NCSC. Provides cyber incident guidance, threat alerts, and best practices for Swiss businesses, including SMEs and online shops.

Handelsregisteramt Solothurn. Commercial Registry for company registrations, amendments, and extracts relevant to Dornach-based businesses.

Conciliation Authority Dorneck-Thierstein. First stop for many civil disputes before court proceedings, including consumer and contract matters.

Federal Tax Administration ESTV. Guidance on Swiss VAT registration, invoicing, and e-commerce VAT issues.

SWITCH. Registry services and dispute procedures for .ch and .li domain names used by Swiss online businesses.

Stiftung für Konsumentenschutz SKS, Fédération romande des consommateurs FRC, and Associazione consumatrici e consumatori della Svizzera italiana ACSI. Consumer organizations that publish practical guidance and highlight unfair practices.

Industry associations such as handelsverband.swiss and Swico. Practical best practices on online retail, logistics, recycling obligations for electronics, and digital compliance.

Next Steps

Assess your model. Map what you sell, where you sell, and how you process data. Identify target markets, payment flows, logistics, and any sector-specific rules for your products.

Close compliance gaps. Draft or update Swiss law-compliant terms and conditions, privacy notice, cookie policy, imprint, and returns policy. Configure checkout disclosures, consent mechanisms, and unsubscribe flows. Align price display and promotions with the Price Indication Ordinance.

Harden security and records. Implement appropriate technical and organizational measures, vendor contracts for processors, and a breach response plan. Set up 10-year retention for key records and tamper-evident logs of customer consent and contract formation.

Plan for cross-border sales. If you target customers outside Switzerland, verify additional consumer, data protection, customs, and VAT requirements. Consider harmonizing to the strictest regime you face for operational simplicity.

Engage local counsel. Consult a Swiss e-commerce and data protection lawyer familiar with Solothurn procedures to review your documents and customer journeys, advise on product-specific rules, and assist with disputes before the conciliation authority if needed.

Monitor and iterate. Laws and guidance evolve. Assign responsibility to review updates from SECO, FDPIC, NCSC, and relevant industry bodies, and update your policies and interfaces accordingly.

Important note. This guide provides general information for Dornach, Switzerland and is not legal advice. Always seek advice tailored to your business and facts from a qualified Swiss lawyer.