Best E-commerce & Internet Law Lawyers in Ommen

About E-commerce & Internet Law Law in Ommen, Netherlands

Ommen is part of the Netherlands legal system, so e-commerce and internet activities in Ommen are primarily governed by European Union rules and Dutch national laws, with oversight by Dutch regulators. Local municipal rules in Ommen matter mainly for practical business operations such as permits for premises, logistics, or signage. If you sell online to Dutch consumers, you must comply with consumer protection, privacy, advertising, and platform rules that apply across the country, regardless of where in the Netherlands you are located.

Key frameworks include the Dutch Civil Code for consumer contracts and terms, the EU General Data Protection Regulation for privacy, the Dutch Telecommunications Act for cookies and marketing, and newer EU rules like the Digital Services Act for online platforms. Enforcement in the Netherlands is carried out by authorities such as the Dutch Authority for Consumers and Markets and the Dutch Data Protection Authority, while disputes in Ommen typically fall under the District Court of Overijssel.

Why You May Need a Lawyer

Setting up or scaling an online business involves legal obligations that are easy to overlook. A lawyer can help you draft compliant terms and conditions, a privacy notice, and a returns policy that fit your business model and Dutch consumer law. They can also check your checkout flow, price displays, and consent mechanisms for legal compliance.

Businesses in Ommen often seek legal help when facing customer disputes, chargebacks, or complaints to regulators, when responding to data breaches, or when they receive intellectual property or defamation notices about listings, ads, or user content. A lawyer is helpful when you operate a marketplace, use influencers or targeted ads, expand cross-border in the EU, or need guidance on VAT OSS, platform rules, and product safety duties. Legal support is also valuable for domain name disputes, supplier contracts, and compliance in sensitive sectors such as alcohol, health products, or financial services.

Local Laws Overview

Consumer contracts and distance selling. The Dutch Civil Code sets extensive information duties for distance contracts with consumers, including clear pre-contract information, right of withdrawal, and refund rules. You must show full prices including VAT and delivery costs, describe the product, explain returns, and present terms and conditions before checkout. Unfair commercial practices are prohibited, and pre-ticked boxes are not allowed.

Cooling-off and refunds. Consumers generally have a 14-day right of withdrawal for distance purchases, with exceptions for certain goods and services such as customized items and sealed health products once unsealed. If you failed to inform about the right to withdraw, the period can be extended. Refunds must be timely and use the same payment method unless agreed otherwise.

Digital goods and services. The EU rules on the sale of goods and the supply of digital content apply in the Netherlands. Traders owe updates and must remedy lack of conformity. For digital content provided in exchange for personal data, transparency and consumer rights apply.

Terms and conditions. Standard terms must be fair and transparent, and you must make them easily accessible and storable before contract conclusion. The Dutch Civil Code includes black list and grey list clauses that are void or presumed unfair in consumer contracts.

Privacy and data protection. GDPR and the Dutch GDPR Implementation Act apply. You must have a lawful basis for processing, honor data subject rights, use data processing agreements with vendors, maintain records, conduct DPIAs where needed, secure personal data, and notify the Dutch Data Protection Authority of qualifying breaches within 72 hours. A cookie banner is required for non-essential cookies, and analytics may be exempt only under strict conditions.

Cookies and marketing. The Dutch Telecommunications Act covers cookies and electronic communications. Non-essential cookies require opt-in consent. Marketing e-mail and SMS to consumers require prior consent, subject to a limited soft opt-in for existing customers for similar products. Telemarketing to consumers generally requires opt-in.

Advertising and reviews. The Dutch Advertising Code applies to online ads, influencer marketing, and price promotions. The EU Omnibus rules require transparency for personalized pricing and ban fake reviews. If you operate a marketplace, you must disclose whether third parties are sellers and how consumer rights apply.

Digital Services Act. If you host user content or run an online platform, the DSA requires terms that are clear, a notice-and-action mechanism for illegal content, transparency reports, and trader traceability. Larger platforms have extra duties, but even small platforms must meet baseline obligations.

VAT and payments. Dutch VAT applies to domestic sales, and the EU OSS simplifies VAT for cross-border B2C sales within the EU once you pass the EU-wide threshold. Price displays to consumers must include VAT. If you handle client funds or offer payment services, check payment regulation and consider using a licensed payment service provider. PSD2 strong customer authentication applies to online card payments handled by your payment provider.

Product safety and specific sectors. General product safety rules apply, with strengthened EU product safety rules. Additional rules apply to food, cosmetics, electronics, and toys. Online alcohol sales trigger Alcohol Act obligations including age checks at sale and delivery. Gambling or prize promotions require special care and often licensing.

Geo-blocking and delivery. Unjustified geo-blocking is prohibited. You must not discriminate against EU consumers on access, payment methods, or terms without a lawful reason.

Local practicalities in Ommen. Register your business with the Dutch Chamber of Commerce, use a valid trade name, and keep your KvK number and VAT number on your website. If you use a warehouse or signage in Ommen, municipal planning and permit rules may apply. Consumer disputes from Ommen typically go to the District Court of Overijssel in Zwolle or Almelo, and alternative dispute resolution is available through sector bodies.

Frequently Asked Questions

What information must my Dutch webshop display?

Provide your business name, geographic address, e-mail address and a fast way to contact you, Chamber of Commerce registration number, VAT number if applicable, total prices including VAT and fees, delivery costs, delivery times, the right of withdrawal and how to exercise it, and your terms and conditions and privacy notice before checkout. If you use online dispute resolution, include the required EU ODR link on your site.

How does the 14-day cooling-off period work?

Consumers usually have 14 days from delivery to withdraw without giving a reason. You must refund within 14 days of receiving the return or evidence of return. The period can be extended up to 12 months if you failed to inform the consumer properly. Exceptions apply, for example for custom-made goods, perishable goods, sealed health or hygiene products once unsealed, and services fully performed after explicit consent and acknowledgment.

Do I need cookie consent on my website?

Yes for non-essential cookies. You must provide clear information and obtain opt-in consent before placing or reading non-essential cookies or similar technologies. Essential cookies for site operation do not require consent. Certain first-party analytics may be used without consent if they are privacy friendly and meet strict conditions, but you still must inform users.

Can I send marketing e-mails or texts to consumers?

You need opt-in consent from consumers before sending marketing e-mail or SMS, with a limited soft opt-in for existing customers for similar products. You must offer an easy opt-out in every message. Business contacts can be approached under specific conditions, but check consent and privacy rules carefully.

What should my terms and conditions include?

Cover ordering, pricing, payment, delivery, returns and refunds, warranties and defects, limitation of liability within consumer law limits, applicable law and jurisdiction, and contact details. Make the terms available and downloadable before checkout, and obtain acceptance. Avoid clauses on the black list and the grey list in the Dutch Civil Code for consumer contracts.

How do refunds and returns work for digital content?

If digital content or services are supplied, the right of withdrawal can end once supply starts after explicit prior consent and acknowledgment of losing the right. You must ensure conformity and provide updates. For defective digital content, the consumer is entitled to remedies such as repair, replacement, or refund depending on the nature of the defect and feasibility.

What are my GDPR obligations as a small webshop?

Identify lawful bases for processing, give clear privacy information, collect only necessary data, secure data appropriately, sign data processing agreements with service providers, honor access and deletion requests, and document your processing. Report personal data breaches to the Dutch Data Protection Authority within 72 hours when required, and to affected individuals if there is high risk.

How does the Digital Services Act affect me?

If you only run a simple online store without hosting third-party content, DSA impact is limited. If you host user reviews, listings, or operate a marketplace, you must implement a notice-and-action process, provide clear terms, act against illegal content, and verify traders. Larger platforms have additional transparency and risk management duties.

What VAT rules apply to cross-border EU sales?

There is an EU-wide threshold after which you must charge VAT based on the consumer's country. You can use the One Stop Shop to declare and pay VAT for multiple EU countries through a single portal. Always display consumer prices including VAT and show delivery charges before checkout.

What if I receive an IP or defamation notice about a product or review?

Act promptly. Assess the notice, remove or disable access where there is a credible claim, and preserve evidence. Inform the seller or reviewer, and consider a counter notice process. Repeat infringers should be addressed under your terms. For complex or high-risk cases, seek legal advice to balance liability, free expression, and contractual rights.

Additional Resources

Municipality of Ommen for local permits and business premises questions.

Chamber of Commerce Netherlands for business registration and trade name issues.

Dutch Authority for Consumers and Markets for consumer law and unfair practices enforcement.

Dutch Data Protection Authority for GDPR guidance and breach reporting.

Netherlands Food and Consumer Product Safety Authority for product safety and sector rules.

Rechtbank Overijssel for local court information regarding civil disputes.

Thuiswinkel.org and Webshop Keurmerk for sector codes and dispute resolution schemes.

SIDN for .nl domain names and dispute resolution information.

Advertising Code Authority for the Dutch Advertising Code and influencer marketing rules.

European Consumer Centre Netherlands for cross-border consumer questions.

Next Steps

Map your business model. List what you sell, where you sell, who your customers are, and what data you collect. Identify if you host user content or operate as a platform.

Gather documents. Prepare your current terms and conditions, privacy and cookie notices, checkout screenshots, cookie audit, marketing templates, supplier and payment provider agreements, and any complaints or regulator correspondence.

Conduct a compliance review. Check consumer information, pricing and VAT displays, withdrawal and returns process, warranty handling, cookies and consent, marketing permissions, and data protection measures. Verify trader disclosures if you run a marketplace.

Address gaps. Update website content and flows, implement or adjust your cookie banner, amend terms, put in place data processing agreements, and set incident and takedown procedures. Consider joining a recognized webshop quality mark with ADR.

Plan for cross-border. If you sell to other EU countries, register for OSS where appropriate, align customer communication languages, and prepare for geo-blocking and delivery rules.

Engage a lawyer. Choose a lawyer familiar with Dutch e-commerce and platform rules and the practices of regulators and courts in Overijssel. Request a scoped fixed-fee review for core documents and a plan for remediation.

Monitor updates. Keep an eye on changes to cookie guidance, the Digital Services Act enforcement, accessibility requirements for online services, and sector-specific rules that may affect your catalogue or advertising.

Important note. This guide provides general information and is not legal advice. For advice on your specific situation in Ommen, consult a qualified Dutch lawyer experienced in e-commerce and internet law.