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This guide provides an accessible overview of e-commerce and internet law for people and businesses in Enschede, Netherlands. E-commerce law covers the rules that apply to buying and selling goods and services online, digital products and platforms, privacy and data protection, consumer rights, online advertising, intellectual property, and cross-border VAT and customs issues. Dutch e-commerce rules are shaped by national laws and European Union directives and regulations, including the GDPR - in Dutch the Algemene Verordening Gegevensbescherming - the Consumer Rights Directive, the e-Privacy rules, the Digital Services Act and VAT rules for cross-border sales. Local institutions in Enschede such as the Kamer van Koophandel and municipal services can help with registration and local compliance matters.
You may need a lawyer when a legal issue arises that requires specialist interpretation, negotiation or representation. Common situations in e-commerce and internet law include:
- Consumer disputes over returns, refunds, delivery delays, or product conformity that cannot be resolved with the seller.
- Drafting, reviewing and updating terms and conditions, privacy policies and cookie statements so they comply with Dutch and EU law.
- Data protection compliance tasks such as Data Protection Impact Assessments, breach notifications to the Autoriteit Persoonsgegevens, or advice on lawful bases for processing personal data.
- Handling intellectual property conflicts, including takedown requests, trademark or copyright infringement and domain-name disputes for .nl domains.
- Assessing liability for online platforms, marketplaces and intermediaries under the Digital Services Act and related EU and national rules.
- Structuring cross-border sales and VAT compliance, including registration for the One-Stop Shop for intra-EU distance sales and import OSS for non-EU shipments.
- Negotiating with platforms, payment providers or suppliers, and drafting supplier or platform agreements.
- Representing clients in litigation or alternative dispute resolution, and advising on pre-litigation steps, provisional measures and costs.
The legal framework that affects e-commerce in Enschede combines EU law, national Dutch law and local administrative requirements. Key aspects to understand include the following.
- Consumer information duties and the right of withdrawal: For consumer sales the seller must provide clear pre-contract information including price, total costs, delivery terms and the 14-day right of withdrawal for distance contracts. Exceptions apply for sealed goods that are unsealed by the consumer and for some digital content once performance has begun with the consumer's informed consent.
- Contracts and general terms: Contract terms must be transparent and fair. Unfair contract terms may be unenforceable under Dutch law. Businesses are advised to document how and when terms are communicated to consumers.
- Privacy and cookies: The GDPR (AVG) sets strict rules for personal data processing. Organisations must have a lawful basis for processing, supply data subject rights, and report breaches to the Autoriteit Persoonsgegevens within 72 hours where required. e-Privacy rules and Dutch practice require informed consent for most tracking cookies and similar technologies.
- Platform and intermediary liability: The EU Digital Services Act and earlier e-commerce rules create notice-and-action procedures, transparency obligations and other duties for online intermediaries. Platforms must also meet rules aimed at protecting consumers and combating illegal content and goods.
- VAT and cross-border sales: Since July 2021 the EU changed VAT rules for e-commerce - distance sales thresholds were removed and the One-Stop Shop (OSS) lets sellers report and pay VAT centrally for cross-border B2C sales inside the EU. Import OSS and specific customs rules apply for shipments from outside the EU.
- Advertising and marketing: Advertising must not be misleading and influencer marketing must include clear commercial disclosures. The Reclame Code Commissie enforces advertising standards in the Netherlands and the ACM supervises unfair commercial practices.
- Enforcement bodies and dispute resolution: The Autoriteit Consument en Markt (ACM) monitors consumer protection and competition. The Autoriteit Persoonsgegevens supervises privacy. Consumer disputes can often be handled via sector-specific dispute committees (De Geschillencommissie) or through the courts, including the kantonrechter for small claims.
- Local compliance: Businesses in Enschede must register with the Kamer van Koophandel and may need local permits from the municipality for certain activities or for a physical location.
You must provide clear pre-contract information in a comprehensible language - identity, price including VAT, delivery costs, main characteristics of goods or digital content, payment terms, right of withdrawal and complaint procedures. Prices should be total prices inclusive of taxes and fees unless otherwise indicated. You should also provide a durable means to confirm the contract, for example an email order confirmation.
Consumers generally have a 14-day withdrawal period for distance sales of goods and services, starting from receipt of the goods or contract conclusion for services. When a customer exercises the right of withdrawal you must refund payments, including standard delivery costs, within 14 days after receiving the return or proof of shipment. There are important exceptions - perishable goods, sealed goods unsealed by the consumer, bespoke products and certain digital content are often excluded.
Most non-essential cookies require informed consent before they are placed. You should run a cookie audit, document the cookies and purposes, provide a clear cookie statement, and implement a consent mechanism that allows users to accept or refuse categories of cookies. Essential cookies for site operation do not require consent but should still be documented.
Yes, most businesses should register with the Kamer van Koophandel (KvK). You also need to comply with local zoning and permit requirements if you operate from a physical location. Tax registration with the Belastingdienst is necessary for VAT and corporate or income tax purposes.
You must have lawful bases for processing personal data, provide transparent privacy information and respect data subject rights such as access and deletion. Implement appropriate security measures, keep records of processing activities if required, and notify the Autoriteit Persoonsgegevens of serious breaches within 72 hours. Consider data minimisation and privacy-by-design when developing services.
EU VAT rules for e-commerce changed in 2021 - distance-selling thresholds were abolished and OSS registration allows you to declare and pay VAT for B2C sales to multiple EU countries through one EU VAT return. If you ship from outside the EU, import rules and import OSS may apply. Always check whether you must register for VAT in the customer’s country in specific circumstances.
Terms should be clear, fair and accessible. Key elements include the parties, the offer and price, delivery terms, payment terms, warranty and conformity rules, withdrawal and returns policy, complaint procedure, limitation of liability clauses that comply with Dutch law, and governing law and jurisdiction clauses. Tailor terms to whether customers are consumers or businesses.
Follow a documented notice-and-action procedure for complaints about illegal or infringing content. Assess the notice for credibility, remove or block access to content if it is clearly illegal or infringes intellectual property rights, and inform the content provider of the action. Keep records of notices and your responses to demonstrate compliance, especially under the Digital Services Act.
Many disputes start with a direct complaint to the seller and use the seller's complaints procedure. If unresolved, consumers can use sector-specific dispute committees (De Geschillencommissie) or pursue court action. Small claims can be handled by the kantonrechter. Alternative dispute resolution and online dispute resolution platforms are also options. Costs and time vary, so early legal advice can help choose the best route.
.nl domain disputes are handled by the .nl registry procedures and arbitral bodies designated by the registry. Trademark disputes are handled through the Benelux Office for Intellectual Property and European-level registration systems for EU trademarks, or through the courts. A lawyer experienced in IP and domain disputes can advise on takedown requests, cease-and-desist letters and litigation strategies.
Below are public bodies and organisations that provide information, registration services and enforcement in the Netherlands relevant to e-commerce and internet law:
- Kamer van Koophandel (KvK) - business registration and local business advice, including an Enschede office for in-person queries.
- Belastingdienst - VAT and tax guidance, including rules for OSS and import VAT.
- Autoriteit Persoonsgegevens (AP) - Dutch data protection authority for GDPR guidance and breach reporting obligations.
- Autoriteit Consument en Markt (ACM) - consumer rights, unfair commercial practices and competition enforcement.
- De Geschillencommissie - independent consumer dispute bodies that handle sector-specific complaints.
- Reclame Code Commissie - self-regulatory body for advertising standards and influencer marketing rules.
- SIDN - registry for .nl domain names and dispute resolution guidance for domain conflicts.
- Local municipality of Enschede - permits, zoning and local business regulations.
- Rechtsbijstand insurers and local legal clinics - for access to legal advice and possible insurance-covered assistance.
If you need legal assistance for an e-commerce or internet law matter in Enschede, consider the following practical steps:
- Gather your documents - contracts, order confirmations, screenshots, emails, privacy policy, invoices and any communication with the other party.
- Identify the core legal questions - consumer or business relationship, cross-border elements, data protection concerns, intellectual property claims or a contractual dispute.
- Use free resources first - KvK advice sessions, the Belastingdienst, AP guidance and the complaints procedure of the seller or platform may resolve matters without a lawyer.
- Contact a specialist lawyer if the issue involves litigation, significant liability, complex cross-border VAT, data breaches with regulatory risk, or IP enforcement. Look for an attorney with experience in Dutch and EU e-commerce and privacy law.
- Prepare for the first meeting - list your facts, goals and questions; ask about likely costs, fee structure and estimated timeline. Many lawyers offer a fixed-fee initial consultation.
- Consider alternative dispute resolution - mediation or De Geschillencommissie can be faster and less costly than court.
- Keep records and act promptly - statutory time limits, evidence preservation and regulatory notification windows are important in e-commerce matters.
Note - this guide is for informational purposes only and does not constitute legal advice. For advice tailored to your specific situation contact a qualified lawyer in the Netherlands.
