Best E-commerce & Internet Law Lawyers in Esbjerg

About E-commerce & Internet Law in Esbjerg, Denmark

E-commerce and internet law in Esbjerg follows the same national and EU legal framework that applies across Denmark. Whether you run an online shop, a marketplace, a digital service, or a platform in Esbjerg, your business must comply with Danish legislation implementing EU directives, including consumer protection, data protection, electronic commerce rules, marketing rules, VAT and payment rules, and intellectual property law. Esbjerg businesses also deal with practical local considerations - shipping and logistics from the port, local trade relationships, and dispute resolution through Retten i Esbjerg. If your operations reach customers in other EU countries or internationally, additional cross-border rules will apply.

Why You May Need a Lawyer

You may need a lawyer when your online business faces complex legal requirements or disputes that can affect reputation, finances, or operations. Common situations include:

- Drafting or reviewing terms and conditions, privacy policies and cookie statements so they meet consumer law and GDPR obligations.

- Complying with the E-commerce Act, Marketing Practices Act and Danish consumer rules before launching a website or campaign.

- Handling cross-border VAT, customs and payment compliance for sales into and out of Denmark.

- Responding to data breaches, advising on breach notifications and remediation to limit fines and legal exposure.

- Defending or pursuing claims for intellectual property infringement, counterfeit goods, domain disputes and online piracy.

- Managing consumer complaints and regulatory investigations from Datatilsynet, the Consumer Ombudsman or Konkurrence- og Forbrugerstyrelsen.

- Negotiating with payment providers, marketplaces or third-party platforms about chargebacks, suspended accounts or contract terms.

- Advising on platform liability for user-generated content, notice-and-takedown procedures and moderation policies.

- Representing you in alternative dispute resolution, mediation or litigation at the local court in Esbjerg or relevant jurisdiction.

Local Laws Overview

Key legal rules and authorities that are particularly relevant to e-commerce and internet law in Esbjerg include the following:

- E-commerce Act - sets information duties for online traders, rules on electronic contracts, and limited liability rules for intermediaries such as hosting providers.

- Consumer Contracts Act - implements EU distance selling and off-premises regulation, including pre-contract information duties and the 14-day right of withdrawal for consumers in most cases.

- Marketing Practices Act - regulates advertising, unfair commercial practices, and requirements for clear identification of sponsored content and price information.

- GDPR and the Danish Data Protection Act - governs processing of personal data, consent for tracking, data subject rights, and breach notification procedures enforced by Datatilsynet.

- Payment Services rules and PSD2 - regulate payment initiation, Strong Customer Authentication and interactions with payment service providers.

- VAT rules for digital sales and distance selling - including EU One Stop Shop and import procedures for goods from outside the EU.

- Intellectual Property law - copyright, trademark and design protections applied to online content, products and brands. Domain name administration for .dk domains is handled locally.

- Criminal law and cybercrime provisions - illegal hacking, fraud and other cyber offences are prosecuted by the Danish police, and serious incidents can involve national cyber security authorities.

- Enforcement bodies - Datatilsynet for data protection, Konkurrence- og Forbrugerstyrelsen and the Consumer Ombudsman for marketing and consumer protections, Forbrugerklagenævnet for consumer disputes, DK Hostmaster for domain matters, and Retten i Esbjerg for civil litigation.

Frequently Asked Questions

Do I have to display my company information on my website?

Yes. Under the E-commerce Act you must provide clear and easily accessible information about your identity, address, email, business registration number (CVR) and contact details. For consumer-facing sites you must also state prices, delivery terms and terms of sale before the consumer concludes the contract.

What information must I give consumers before they buy online?

You must provide pre-contract information including your contact details, main characteristics of the goods or services, total price including taxes and fees, delivery costs, payment and delivery terms, the right of withdrawal and how to exercise it, and the complaint procedure. This information must be clear and available before the customer completes the purchase.

How does the 14-day right of withdrawal work?

Consumers generally have a 14-day right of withdrawal for distance contracts, starting from receipt of the goods or from the conclusion of the contract for services. The right can be exercised without giving reason. There are exceptions, such as sealed goods not suitable for return for hygiene reasons, custom-made goods and certain digital content once download has begun with agreement. Sellers must provide instructions and a withdrawal form and handle refunds promptly.

What do I need to do to comply with cookies and tracking rules?

Under GDPR and Danish law, you must obtain informed consent before setting non-essential cookies or running tracking technologies that process personal data. Essential cookies for site function do not require consent. You should present a clear cookie banner, describe cookie purposes, allow granular control, and document consent records.

How do I comply with GDPR when operating an online store?

Key steps include determining your lawful basis for processing personal data, providing a privacy policy with required disclosures, implementing data minimization and security measures, enabling data subject rights like access, rectification and erasure, conducting data protection impact assessments where needed, and reporting personal data breaches to Datatilsynet within 72 hours when required.

What VAT rules apply when I sell to customers in other EU countries?

Since 2021 the EU distance selling thresholds were replaced by a One Stop Shop system that simplifies VAT but may require registration and reporting through OSS for cross-border B2C supplies of goods and certain services. For imports from outside the EU, different rules apply and the IOSS scheme can simplify VAT on low-value consignments under specified conditions. VAT treatment depends on whether sales are B2B or B2C and where goods are located at the time of supply.

Who is liable for user-generated content on my platform?

Hosting providers generally have limited liability for third-party content if they do not have actual knowledge of illegal content and act promptly to remove it upon notice. However, liability can arise if the platform plays an active role in developing or promoting illegal content, or if it fails to remove unlawful material once informed. Clear moderation policies and a notice-and-takedown process help manage risk.

What should I do if I am accused of infringing someone else's intellectual property?

Take allegations seriously. Preserve evidence of your supply chain and content provenance, suspend sales of allegedly infringing items if appropriate, review the claim with your lawyer, respond to takedown notices where justified and consider negotiating a settlement or license if the claim is valid. Defending false claims may involve counter-notice procedures and possibly court action.

What are my obligations if I suffer a data breach?

If a personal data breach is likely to result in a risk to individuals' rights and freedoms you must notify Datatilsynet without undue delay and, where feasible, within 72 hours. You should also inform affected data subjects when the breach poses a high risk, describing the nature of the breach, likely consequences and measures taken. Work with legal and technical experts to contain and remediate the incident and keep records of actions taken.

How can I resolve a consumer complaint without going to court?

Start by responding promptly and professionally to the complaint and offer remedies such as repair, replacement, refund or price reduction where appropriate. If the dispute continues, advise the consumer about filing a complaint with Forbrugerklagenævnet or using alternative dispute resolution schemes. Mediation and arbitration are cost-effective alternatives to court. Document all communications and offers in case formal dispute resolution becomes necessary.

Additional Resources

Useful Danish and local bodies and organisations to consult include:

- Datatilsynet - Denmark's data protection authority for GDPR guidance and breach reporting.

- Konkurrence- og Forbrugerstyrelsen and the Consumer Ombudsman - oversee marketing practices and consumer protection enforcement.

- Forbrugerklagenævnet - the Consumer Complaints Board for dispute resolution between consumers and traders.

- Erhvervsstyrelsen - handles company registration, CVR numbers and business guidance.

- DK Hostmaster - administers .dk domain names and domain disputes.

- Center for Cybersikkerhed and CERT-DK - national cyber security and incident reporting resources for serious security incidents.

- The Danish Bar and Law Society - to find qualified lawyers and check disciplinary standing.

- Retten i Esbjerg - the local court for civil litigation and urgent interim remedies in Esbjerg.

- European Consumer Centre Denmark and consumer organisations - for cross-border consumer advice and assistance.

Next Steps

If you need legal assistance in E-commerce and Internet Law in Esbjerg, consider the following practical steps:

- Clarify your issue - compliance review, dispute, data breach, IP claim or contract negotiation.

- Gather documents - website terms, privacy and cookie policies, sales invoices, correspondence, contracts, CDN or hosting records and screenshots showing the problem.

- Seek an initial consultation with a lawyer who specialises in e-commerce, data protection and consumer law. Ask about relevant experience and typical outcomes for similar matters.

- Agree a clear scope, fee arrangement and timeline - request a written engagement letter and, where possible, a fixed price for defined tasks.

- For urgent matters - such as imminent regulatory action, account suspension by a payment provider, removal of illegal content or a data breach - inform the lawyer immediately and preserve evidence.

- Consider extra steps like updating standard terms and policies, staff training on data protection and consumer handling, implementing technical security measures, and setting up an internal incident response plan.

- If a consumer complaint or regulatory inquiry arises, respond within legal deadlines and follow professional legal advice to limit exposure and resolve the matter efficiently.