Best E-commerce & Internet Law Lawyers in Marijampolė
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Find a Lawyer in MarijampolėAbout E-commerce & Internet Law Law in Marijampolė, Republic of Lithuania
E-commerce and internet activities in Marijampolė operate under Lithuanian national law shaped by European Union rules. If you sell goods or services online, run a marketplace, provide hosting or other intermediary services, process personal data, send marketing communications, or run an app targeting Lithuanian users, your obligations are primarily set by Lithuanian statutes that implement EU directives and regulations. Key themes include consumer protection, data protection, electronic contracting, advertising and unfair commercial practices, platform liability and due diligence, electronic identification and trust services, taxation, and domain or intellectual property issues.
While there are no city-specific e-commerce laws in Marijampolė, local enforcement and practical support are available. You will interact with national regulators and courts, with many compliance and dispute resolution processes accessible online. For businesses, compliance at the outset is essential to avoid fines, chargebacks, reputational harm, and disputes with consumers or partners. For consumers, Lithuanian and EU rules provide strong protections in distance contracts and online transactions.
Why You May Need a Lawyer
- Starting or scaling an online shop or marketplace and needing compliant terms of service, privacy policy, returns policy, and cookie banner copy.
- Navigating EU consumer rules such as pre-contract information, 14-day withdrawal rights, warranty obligations, price reductions display, and handling complaints and chargebacks.
- Implementing GDPR and Lithuanian data protection rules when collecting customer data, using analytics, profiling, or sending marketing emails and SMS.
- Setting up cookies and tracking technologies lawfully and drafting an accurate cookie policy and consent mechanism.
- Complying with online advertising rules, influencer marketing disclosures, and avoiding unfair commercial practices or misleading price claims.
- Understanding online platform obligations under the EU Digital Services Act, such as notice-and-action, content moderation, trader verification for marketplaces, transparency reporting, and user complaint handling.
- Handling cross-border sales within the EU, geo-blocking restrictions, VAT OSS or IOSS registration, and consumer jurisdiction issues.
- Resolving domain name conflicts, copyright or trademark takedowns, counterfeit allegations, or defamation and user-generated content issues.
- Assessing whether payment or fintech features trigger licensing or PSD2 obligations, or whether AML rules apply to your business model.
- Representing you in disputes before the State Consumer Rights Protection Authority, the State Data Protection Inspectorate, other regulators, arbitration, or courts.
Local Laws Overview
- Consumer contracts and distance selling: Lithuanian consumer protection law implements EU rules for distance contracts. Consumers generally have a 14-day withdrawal right for most online purchases, with clear exceptions such as personalized goods or sealed hygiene items once unsealed. Sellers must provide clear pre-contract information, including identity, address, total price including taxes and fees, delivery terms, and complaint procedures.
- Legal guarantee and remedies: For goods sold to consumers, a legal guarantee period of at least 2 years typically applies. Nonconformity presumptions and remedies follow EU standards, including repair, replacement, price reduction, or refund, subject to conditions in national law.
- Price display and reductions: Prices must be shown as total prices including VAT. When announcing price reductions, you generally must display the prior reference price, usually the lowest price applied during a recent 30-day period, with specific exceptions for goods on sale for less time or perishable goods.
- Unfair commercial practices and advertising: Misleading actions or omissions, aggressive practices, fake reviews, hidden advertising, or unverifiable scarcity claims are prohibited. Influencer marketing must be clearly labeled as advertising and must not mislead on price, availability, or characteristics.
- Online marketplaces and platforms: Under the EU Digital Services Act and Lithuanian law, intermediaries have safe harbors if they act neutrally and comply with notice-and-action procedures. Marketplaces have enhanced duties such as verifying trader information, providing clarity on whether a seller is a trader or private individual, explaining ranking parameters, and enabling user reporting of illegal content or products.
- Terms and language: If you target consumers in Lithuania, terms of service, key pre-contract information, and customer support should be available in Lithuanian. Clear, fair, and transparent terms are required, with unfair terms unenforceable.
- Cookies and e-privacy: Non-essential cookies and similar tracking technologies require prior consent. A succinct cookie banner and a detailed cookie policy are expected. Direct electronic marketing generally requires prior opt-in consent, with a limited soft opt-in for existing customers for similar products and an easy opt-out in every message.
- Data protection: GDPR applies. You must have a lawful basis for processing, honor data subject rights, use appropriate security, have data processing agreements with vendors, keep records of processing, conduct impact assessments where required, and notify data breaches when necessary. Non-EU providers targeting Lithuanian users generally must appoint an EU representative for GDPR compliance.
- Electronic identification and signatures: Electronic contracts are valid under the Civil Code. Qualified electronic signatures recognized under eIDAS have legal effect equivalent to handwritten signatures. Trust services providers are supervised at national level.
- Payments and PSD2: If you provide payment initiation, account information services, or hold customer funds, you may need authorization or registration with the competent authority. Merchants using third-party payment processors must ensure strong customer authentication and refund handling.
- VAT and tax: Lithuania applies EU VAT rules. Domestic VAT registration thresholds and the EU OSS and IOSS schemes affect cross-border sales. Prices shown to consumers must include VAT. Keep proper invoicing and accounting records and follow tax retention rules.
- Geo-blocking and cross-border access: Within the EU you cannot unjustifiably block access or apply different conditions based on nationality, residence, or location. You are not forced to ship everywhere, but you must treat customers fairly and allow equal access to offers and pick-up options.
- Intellectual property online: Respect copyright, trademarks, and design rights. Use licensed content and address takedown notices promptly. Repeat infringement policies and clear reporting channels reduce risk.
- Dispute resolution: Consumers can use out-of-court dispute resolution through the national consumer authority. Court jurisdiction typically follows the consumer forum rules. Keep accessible complaint handling and response timelines in your policies.
Frequently Asked Questions
Do I need to register a company in Lithuania to sell online to customers in Marijampolė
No, but you must comply with Lithuanian and EU consumer, tax, and data rules when targeting Lithuanian consumers. Non-EU sellers should consider VAT obligations, appointing EU representatives where required for GDPR or the Digital Services Act, and providing local language information. Many foreign sellers use OSS or IOSS schemes for VAT on EU sales.
What information must my online store display before checkout
You must clearly show your business name, address, contact details, total price including VAT and any fees, delivery costs and times, payment methods, the 14-day withdrawal right and its conditions, the complaint handling process, warranty information, and any digital compatibility or interoperability details for digital goods and services.
Can I refuse a consumer return
Consumers generally have a 14-day withdrawal right for distance contracts. You may refuse returns only where a statutory exception applies, such as customized goods, perishable goods, or sealed hygiene goods once unsealed. If you did not inform the consumer about the return cost, you may have to cover it.
What are my obligations for cookies and analytics
Non-essential cookies, including most analytics, advertising, and social media plugins, require prior consent. Provide a clear banner, obtain granular consent, and allow users to change preferences at any time. Your cookie policy should list each cookie category, purpose, and retention time.
Can I send promotional emails to past customers without consent
Limited soft opt-in is generally allowed for marketing similar products or services to your own customers if you collected their email in the context of a sale, offered an opt-out at collection, and include an easy opt-out in every message. Cold marketing to non-customers typically requires prior consent.
How does the Digital Services Act affect small online shops
If you simply run your own shop, the main impact is usually limited to having clear terms, reporting mechanisms for illegal content if you host user content, and transparency about moderation. If you operate an online marketplace, you have added obligations such as verifying traders, displaying whether a seller is a trader, and maintaining notice-and-action and complaint handling processes.
What are the warranty rules for goods sold to consumers
Consumers benefit from a legal guarantee of conformity typically lasting at least 2 years. If a defect appears, consumers may request repair or replacement, or in some cases a price reduction or termination of the contract. Burden of proof rules favor consumers for an initial period set by law.
How should I display price reductions
When announcing a reduction, show the prior price, usually the lowest price applied in the previous 30 days. Be careful with inflated reference prices, countdowns, or scarcity claims, as they can be considered misleading or unfair.
Do I need terms and policies in Lithuanian
Yes, if you target Lithuanian consumers, provide terms, key information, and customer support in Lithuanian. Maintain clear, fair, and accessible documents including terms of service, privacy policy, cookie policy, and returns policy.
Where can I resolve a consumer complaint without going to court
The State Consumer Rights Protection Authority offers out-of-court dispute resolution for consumer claims. Many disputes can be resolved quickly by responding to the authority, amending practices, or agreeing on a remedy. Cross-border disputes within the EU can be handled with support from the European Consumer Centre in Lithuania.
Additional Resources
- State Consumer Rights Protection Authority, which supervises consumer protection, unfair commercial practices, price display, and ADR.
- State Data Protection Inspectorate, which supervises GDPR and e-privacy compliance including cookies and direct marketing.
- Communications Regulatory Authority, which oversees electronic communications and trust services such as qualified electronic signatures.
- Bank of Lithuania, the financial sector regulator supervising payment services and PSD2 compliance.
- State Tax Inspectorate, for VAT registration, OSS or IOSS schemes, invoicing rules, and tax guidance.
- Centre of Registers, for business registration and company information.
- European Consumer Centre Lithuania, for assistance in cross-border consumer disputes within the EU.
- National Cyber Security Centre, for guidance on cybersecurity hygiene and incident response.
- Local business support bodies in Marijampolė, such as municipal business information centers or the regional chamber of commerce, for practical assistance and training.
- Legal aid bodies providing state guaranteed legal aid for eligible individuals in Lithuania.
Next Steps
- Map your activities: list what you sell, where you sell, who you target, what data you collect, and which third parties you use for hosting, payments, analytics, marketing, and logistics.
- Gather documents: company details, product descriptions, pricing and delivery terms, existing policies, vendor contracts, data flows, cookie inventories, and records of consent.
- Fix the essentials: prepare Lithuanian language terms, privacy and cookie policies, returns and complaint procedures, price display and reduction practices, and cookie consent mechanisms.
- Align operations: set up customer service scripts, internal procedures for withdrawals and warranty claims, takedown and complaint handling, and data subject rights requests.
- Check regulatory touchpoints: assess VAT registration and OSS or IOSS, payment compliance, DSA obligations if you run a platform, and any sector specific rules such as for food, cosmetics, or electronics.
- Consult a lawyer: a practitioner experienced in Lithuanian and EU e-commerce law can review your documentation, implement GDPR and e-privacy controls, advise on marketing campaigns, and train your team. For consumers, a lawyer can assess your rights, prepare complaints, and represent you before authorities or courts.
- Use local support: contact the relevant authorities or business support organizations for guidance on filings, ADR applications, or compliance expectations. Keep records of all steps taken.
This guide is for general information only and is not legal advice. Laws change, and how they apply depends on your specific situation. Consider obtaining tailored legal counsel in Marijampolė or elsewhere in Lithuania.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.