Best E-commerce & Internet Law Lawyers in Muttenz

About E-commerce & Internet Law in Muttenz, Switzerland

E-commerce and internet law in Muttenz is governed primarily by Swiss federal legislation, with enforcement and commercial administration supported at the cantonal level by Basel-Landschaft authorities. There is no separate Muttenz-specific online commerce code. Businesses operating online from Muttenz, or selling into Switzerland, must comply with Swiss rules on contracting, consumer protection, price display, unfair competition, data protection, advertising, intellectual property, and taxation. Because online operations often reach customers beyond Switzerland, cross-border issues such as European Union consumer rules, data transfers, and foreign tax obligations can also arise. This guide provides an accessible overview to help founders, marketplace sellers, SaaS providers, app developers, agencies, and content creators understand the legal landscape.

This information is general and does not replace tailored legal advice for your specific business model.

Why You May Need a Lawyer

You may need an e-commerce and internet lawyer if you are launching an online shop or marketplace and want compliant terms and disclosures, privacy notices, and internal policies. Legal support is often crucial when you scale operations across cantons or borders, onboard payment and logistics providers, or begin targeted advertising and influencer campaigns. Lawyers help design lawful checkout flows, price display, and consent mechanisms, and ensure your warranty and returns policies reflect Swiss law while supporting customer trust.

Common triggers for legal help include a cease-and-desist letter for alleged trademark or copyright infringement, a domain name dispute, unfair competition or advertising complaints, customer claims about defective goods or non-delivery, platform account suspensions, a data breach or cybersecurity incident, disputes with vendors or influencers, cross-border VAT questions, and planned financing or M-and-A transactions that require legal due diligence on your digital compliance posture.

If you sell regulated goods such as food, alcohol, cosmetics, medical devices, supplements, or age-restricted products, or if you use buy-now-pay-later or other consumer credit offerings, a lawyer can map the specific regulatory requirements and customer communications you must implement. Counsel can also assess whether EU GDPR or other foreign rules apply when you target customers abroad.

Local Laws Overview

Contract formation and terms - Swiss Code of Obligations governs online contracts. Click-to-accept and clickwrap terms are generally enforceable if presented clearly. Under the Unfair Competition Act, online sellers must identify themselves and provide essential pre-contract information. Shops must offer a straightforward way for customers to detect and correct input errors before ordering and must acknowledge orders without undue delay. Default statutory warranty for defects is typically two years for goods, but parties may contractually modify warranty terms within legal limits. There is no general statutory right of withdrawal for distance sales in Switzerland, so any returns window you offer is a contractual policy that must be stated clearly.

Price display and transparency - The Price Indication Ordinance requires that prices be clear, final, and indicate whether VAT and all mandatory charges are included. Delivery costs and optional surcharges must be disclosed before checkout in a transparent way. Drip pricing and hidden fees risk enforcement under the Unfair Competition Act.

Unfair competition and advertising - The Unfair Competition Act prohibits misleading statements, hidden advertising, and aggressive practices. Influencer marketing and native ads must be recognizable as advertising. Unsolicited mass electronic advertising is generally prohibited without prior consent, and each message must identify the sender and provide an easy opt-out. Switzerland introduced rules addressing unjustified geo-blocking and discrimination based on nationality, residence, or business location in online sales. Best-price clauses for booking platforms have been restricted.

Data protection and cookies - The revised Federal Act on Data Protection applies to most private-sector processing. You must provide a transparent privacy notice, process only for legitimate purposes, implement appropriate security, respect data subject rights, and put safeguards in place for cross-border data transfers. Transfers to countries without an adequate level of protection require standard clauses or another valid mechanism. Switzerland recognizes a Swiss-US Data Privacy Framework for certified US recipients. For cookies and tracking, Swiss law requires clear information and a practical way to refuse non-essential tracking. If you target EU or EEA users, GDPR and e-privacy rules may require opt-in consent for non-essential cookies.

Electronic signatures - The Federal Act on Electronic Signatures recognizes qualified electronic signatures as legally equivalent to handwritten signatures for most purposes. Advanced and simple electronic signatures remain useful based on risk and counterparty expectations.

Intellectual property and domains - Trademarks, designs, and patents are protected under Swiss IP statutes. Copyright applies to software, text, images, music, video, and site content. Hosting and platform operators should maintain notice-and-takedown workflows. .ch and .li domain names are managed under rules administered with a dispute resolution mechanism that allows rights holders to act against abusive registrations.

Platform and intermediary liability - Pure hosting and access providers have limited liability if they do not know about unlawful content and act expeditiously after notice. Terms of service and a structured notice-and-action protocol help mitigate exposure.

Consumer credit and payments - If you offer installment payments or buy-now-pay-later, the Consumer Credit Act may apply, including affordability checks and a short withdrawal period for the credit agreement. Payment security, fraud prevention, and chargeback handling should be covered in your merchant terms and provider contracts.

Sector-specific rules - Sellers of food, alcohol, tobacco, cosmetics, chemicals, medical products, and youth-restricted items must follow product-specific Swiss rules on safety, labeling, age checks, and delivery. Importers and cross-border sellers must consider customs, product compliance, and language requirements for mandatory labels.

Tax and VAT - Swiss VAT applies to supplies in Switzerland. Foreign sellers may need Swiss VAT registration if their global turnover from taxable supplies reaches the legal threshold. Price displays should specify whether VAT is included. Online platforms face evolving VAT obligations that can shift liability to the platform in certain scenarios. If you sell into the EU, you may trigger local VAT registration or marketplace collection obligations even if you are based in Switzerland. Obtain tax advice early to avoid unexpected assessments.

Muttenz and Basel-Landschaft specifics - Company registration, trade registry filings, and general commercial matters are handled by cantonal offices. While e-commerce rules are federal, local business licensing, waste recycling fees for certain products, and cantonal enforcement practices can affect operations. Coordinate with Basel-Landschaft authorities if your activity also requires physical premises, warehousing, or local permits.

Frequently Asked Questions

Do I need to give Swiss customers a 14-day right of withdrawal for online purchases

Swiss law does not impose a general withdrawal right for distance sales. You choose your return and exchange policy, which must be stated clearly. Specific rules can apply to consumer credit, telemarketing, or certain sectors. If you target EU consumers, their mandatory withdrawal rights may apply to those transactions.

What information must my online shop display before checkout

You must clearly identify your business with a physical address and contact details, show total prices including VAT and mandatory charges, disclose delivery costs and any recurring fees, describe the main characteristics of the goods or services, provide the steps to place an order and correct input errors, present applicable terms, and send prompt order confirmation.

Are unsolicited marketing emails allowed in Switzerland

No, sending unsolicited mass electronic advertising without prior consent is generally prohibited. Each message must identify the sender, include a valid contact address, and offer a simple opt-out. Maintain robust consent records and honor opt-outs quickly.

What are my obligations under the revised Swiss data protection law

Provide a transparent privacy notice, ensure processing is lawful and proportionate, implement appropriate security, maintain records for higher-risk processing, use processors under written contracts, assess high-risk activities, and implement valid safeguards for international transfers. You must also respond to access and other data subject requests within statutory timelines.

Do I need cookie banners on my Swiss website

Swiss law requires user information and the ability to refuse non-essential tracking. Many Swiss sites use a banner to provide clear notice and controls. If you target EU or EEA users, adopt GDPR-grade opt-in for non-essential cookies and trackers.

Can I limit the statutory two-year warranty on goods

Swiss law provides a two-year default warranty period for defects in goods. Parties can adjust warranty terms by contract within legal limits, but unfair or misleading limitations risk being invalid or unenforceable under general contract and unfair competition principles. Be transparent and avoid clauses that unduly disadvantage consumers.

How do I handle cross-border data transfers to the United States

Use an approved transfer mechanism. If your US recipient is certified under the Swiss-US Data Privacy Framework, you may rely on that certification. Otherwise, implement standard contractual clauses and conduct a transfer risk assessment, adding supplementary measures if needed.

What should my influencer or affiliate agreements include

Include clear disclosure obligations, content standards, IP ownership and licenses, approval rights, performance metrics, compensation and tax responsibilities, data protection clauses, platform policy compliance, and takedown and termination terms. Ensure ads are recognizable as advertising to comply with the Unfair Competition Act.

How are .ch domain name disputes handled

Rights holders can pursue a specialized .ch dispute resolution procedure to challenge abusive or infringing registrations. Prepare evidence of your rights and the other party’s lack of legitimate interest or bad faith. A lawyer can assess the strategy and file the complaint.

When must a foreign online seller register for Swiss VAT

If your global turnover from supplies taxable in Switzerland meets the legal threshold, you must register and charge Swiss VAT on relevant sales. Marketplaces and cross-border logistics can affect who is liable to collect VAT. Obtain advice early to determine registration, invoicing, and filing obligations.

Additional Resources

Federal Data Protection and Information Commissioner - FDPIC

Federal Office of Communications - OFCOM

State Secretariat for Economic Affairs - SECO

Swiss Federal Institute of Intellectual Property - IPI

National Cyber Security Centre - NCSC

SWITCH - .ch and .li domain registry and policies

Basel-Landschaft Commercial Registry Office

Basel-Landschaft Office of Economy and Labour

Stiftung fuer Konsumentenschutz - Swiss consumer protection foundation

WIPO Arbitration and Mediation Center - domain and IP dispute services

Next Steps

Map your business model. Document what you sell, where you ship, how you get paid, what data you collect, which third parties you use, and which countries you target. This scoping informs every compliance choice.

Collect key materials. Prepare your existing terms, privacy notice, cookie practices, pricing screens, order flow screenshots, supplier and platform contracts, marketing plans, and product compliance documents.

Schedule an initial consult. Speak with an e-commerce and internet lawyer familiar with Swiss and cross-border issues. Ask for a prioritized action plan that balances risk and speed to market.

Fix the basics first. Implement compliant price display, checkout disclosures, terms and warranties, privacy notice, cookie controls, and email marketing consent and opt-out mechanisms. Align product labels and age checks for regulated goods.

Harden security and vendor management. Adopt appropriate technical and organizational measures, negotiate data processing and security clauses with vendors, and set up incident response, breach notification playbooks, and staff training.

Plan for growth and audits. Set a review cadence for your policies, track legal changes such as VAT and platform rules, and keep evidence of consent, versioned policies, and customer communications. Before new features or markets, run a quick impact review with counsel.

If you are in Muttenz or the Basel region, consider counsel who can coordinate with Basel-Landschaft authorities on registration, sector permits, and any local enforcement questions while ensuring your online operations meet Swiss federal requirements.

This guide is general information - for advice on your situation, consult a qualified Swiss lawyer.