Best E-commerce & Internet Law Lawyers in Pétange

About E-commerce & Internet Law in Pétange, Luxembourg

E-commerce and Internet activity in Pétange operates under Luxembourg national law and directly applicable European Union rules. Whether you sell goods online from a home office in Pétange, run a marketplace platform, offer software as a service, or provide digital content, your obligations are largely set by Luxembourg statutes that transpose EU directives and by EU regulations that apply automatically. Local administration and enforcement bodies based in Luxembourg City oversee compliance across the country.

Core topics include consumer protection, distance selling and digital content rules, data protection and cookies, platform liability and the Digital Services Act, payments and strong customer authentication, electronic signatures and trust services, advertising and price transparency, intellectual property, domain names, VAT and invoicing, and cybersecurity. Because many online businesses in Pétange sell cross-border, conflict of laws, VAT One Stop Shop, and delivery and returns logistics are also key planning points.

Why You May Need a Lawyer

Launching an online shop or marketplace and need compliant terms, privacy and cookie documentation, and clear pre-contract disclosures.

Handling cross-border sales and returns, including the 14-day right of withdrawal, defective products, warranty claims, and chargebacks.

Implementing GDPR compliance for customer data, consent flows, cookies and trackers, data processing agreements, international transfers, and data breach response.

Understanding Digital Services Act duties if you host user content or operate a platform, including notice-and-action procedures, trader traceability, and transparency obligations.

Drafting and negotiating agreements with payment service providers, logistics and fulfillment partners, cloud vendors, and influencers or affiliates.

Navigating VAT registration, invoicing, price display, OSS for cross-border B2C sales, and consumer pricing and promotion rules.

Resolving intellectual property issues such as takedown notices, counterfeit listings, trademark or design protection, and .lu domain name disputes.

Assessing licensing and regulatory touchpoints, for example whether your flow of funds triggers payment services or e-money rules overseen by the CSSF.

Responding to security incidents and understanding whether NIS2 or sector cybersecurity rules apply in addition to GDPR security obligations.

Managing cross-border jurisdiction and choice of law risks in your contracts and on your website.

Local Laws Overview

Electronic commerce framework. Luxembourg’s e-commerce regime is largely set by the Law of 14 August 2000 on electronic commerce and the EU E-Commerce Directive, which address information duties for online providers, rules for electronic contracts and orders, and liability limitations for intermediary service providers such as caching, hosting, and mere conduit.

Consumer protection and distance selling. The Luxembourg Consumer Code implements EU consumer law. Key points include clear pre-contract information, confirmation on a durable medium, the 14-day right of withdrawal for distance contracts, specific exceptions for sealed health or hygiene products and digital content that the consumer begins to access after consenting to lose the withdrawal right, delivery within 30 days unless agreed otherwise, and conformity and remedies rules for goods, digital content, and digital services. The EU Omnibus Directive updates require transparency about rankings on marketplaces, authenticity of reviews, and price reduction announcements using a 30-day reference price.

Data protection and cookies. GDPR applies, with the CNPD as supervisory authority. Businesses must have a lawful basis for processing, maintain records of processing, implement appropriate security, notify personal data breaches within 72 hours when required, appoint a data protection officer where criteria are met, and manage cross-border transfers using approved safeguards. Cookie and tracker use is governed by ePrivacy rules and GDPR consent standards. Non-essential cookies generally require prior opt-in consent and clear choices.

Digital Services Act. The DSA applies to intermediary services, hosting providers, and online platforms. Obligations include clear terms of service, streamlined notice-and-action mechanisms for illegal content, points of contact, trader traceability for marketplace sellers, annual transparency reporting for many services, and additional duties for larger platforms. Most small operators focus on notices, transparency, and trader checks.

Electronic signatures and trust services. Under eIDAS, qualified electronic signatures have the legal effect of a handwritten signature. ILNAS supervises trust service providers in Luxembourg. Electronic seals, time stamps, and registered delivery services can streamline e-commerce contracting and record keeping.

Payments, SCA, and AML perimeter. PSD2 requires strong customer authentication for most electronic payments, with defined exemptions such as low-value and transaction risk analysis. If you hold customer funds or intermediate payments, you may enter payment services territory that requires authorization by the CSSF. Standard e-commerce merchants normally use licensed payment service providers rather than seeking their own license.

VAT and invoicing. Luxembourg’s standard VAT rate is currently 17 percent. Consumer prices must be shown VAT-inclusive. Cross-border B2C sales within the EU can use the One Stop Shop once the EU-wide threshold is exceeded. Electronic invoicing is permitted subject to authenticity and integrity requirements, and record retention periods apply.

Advertising, pricing, and marketing. Marketing communications must be truthful and not misleading. Unsolicited electronic marketing to individuals generally requires prior opt-in consent, with a narrow soft opt-in for existing customers and similar products if opt-out is offered. Influencer and affiliate marketing must clearly disclose commercial intent. Price reductions must reference the lowest price used in the prior 30 days, subject to limited exceptions.

Intellectual property and domains. Trademarks and designs can be registered with the Benelux Office for Intellectual Property or EU-wide via the EUIPO. Copyright protects original content automatically. .lu domain names are administered by RESTENA DNS-LU, with an alternative dispute resolution mechanism available through the WIPO Arbitration and Mediation Center.

Product and environmental compliance. Depending on what you sell, sector rules may apply, including product safety, CE marking, WEEE, batteries, and packaging. Extended producer responsibility schemes in Luxembourg cover packaging, e-waste, and batteries, with registration and reporting requirements.

Business permits and registration. Commercial activities in Pétange typically require an establishment authorization from the Ministry of the Economy, registration with the Luxembourg Trade and Companies Register, and VAT registration where applicable.

Jurisdiction and applicable law. For cross-border EU consumer sales, Brussels I Recast and Rome I set jurisdiction and applicable law rules. Consumers often have the right to sue in their home forum and benefit from mandatory consumer protections. Terms and conditions cannot remove those mandatory rights.

Frequently Asked Questions

Do I need an establishment authorization to run an online shop from Pétange

Yes. Most commercial activities require an establishment authorization issued by the Ministry of the Economy, evidence of professional integrity, and registration with the Luxembourg Trade and Companies Register. You should also assess VAT registration and any sector-specific notifications before launch.

What information must my website display to comply with Luxembourg e-commerce rules

Provide your legal name, geographic address, contact details, trade and companies register number, VAT number, supervisory authority if applicable, clear prices including VAT and delivery costs, key characteristics of goods or services, order steps and correction options, accepted payment means, delivery and performance timelines, and complaint and after-sales policies. Supply terms on a durable medium after the order.

How does the 14-day right of withdrawal work for online sales

Consumers generally have 14 days from delivery to withdraw without giving reasons. You must inform them of this right and provide a withdrawal form. Refunds are due within 14 days of receiving the withdrawal, but you may wait until goods are returned or proof of return is provided. Consumers may be liable for diminished value due to handling beyond what is necessary to establish the nature and functioning of the goods. There are statutory exceptions, including for sealed hygiene items unsealed by the consumer and digital content once the consumer consents to immediate supply and acknowledges the loss of the withdrawal right.

What are the rules for cookies and trackers on my site

Non-essential cookies and similar technologies require prior, freely given, specific, informed, and unambiguous consent. Provide a clear banner and a granular preference center, avoid pre-ticked boxes, and allow refusal as easily as acceptance. Essential cookies necessary for the service requested do not require consent but still require information. Keep records of consents and vendor disclosures.

Do I need to appoint a Data Protection Officer

You must appoint a DPO if your core activities involve large-scale regular and systematic monitoring of individuals, or large-scale processing of special categories of data, or you are a public authority. Many typical online shops do not meet the threshold, but marketplaces or adtech-heavy services might. Even without a DPO, you need GDPR accountability, including records of processing, DPIAs where required, and appropriate security.

What are my Digital Services Act obligations as a marketplace

At a minimum, maintain clear terms of service, offer user-friendly notice-and-action for illegal content, identify and verify traders before allowing them to sell, display trader status to consumers, and provide information about ranking parameters. Keep complaint handling mechanisms and comply with orders from competent authorities. Larger platforms face additional duties, but most SMEs focus on notices, trader traceability, and transparency.

Can I use electronic signatures for customer and vendor contracts

Yes. Electronic signatures are valid. Qualified electronic signatures have the same legal effect as handwritten signatures under eIDAS. For many B2B and B2C contracts, a reliable electronic process with evidence of intent and integrity is sufficient. For higher-risk agreements, consider advanced or qualified e-signature solutions offered by trust service providers supervised by ILNAS.

How do VAT and the One Stop Shop work for cross-border EU sales

If your EU-wide cross-border B2C sales of goods and certain services exceed the small threshold, you can register for the OSS in your member state to declare and pay VAT due in other EU countries through a single return. Display consumer prices VAT-inclusive, apply the correct VAT rate of the consumer’s country when OSS applies, and issue compliant invoices or receipts where required.

What can I do if someone copies my content or sells counterfeits online

Prepare IP ownership evidence and send a targeted takedown notice to the host or platform with precise URLs and a legal basis. If you own trademarks or designs, refer to those rights. For persistent issues or .lu domains registered in bad faith, consider the .lu domain dispute procedure administered with WIPO. For cross-border enforcement, assess whether Benelux or EU trademark registration would improve coverage.

Which courts handle e-commerce disputes and how can I resolve issues quickly

Jurisdiction depends on the parties and claims. Consumers can often sue in their domicile. Your terms should include a clear complaint process and references to mediation or ADR where applicable. For cross-border low-value disputes, the European Small Claims Procedure may be available up to 5,000 euros excluding interest and costs. Many disputes are resolved through chargeback processes, platform dispute tools, or consumer mediation before litigation.

Additional Resources

Commission nationale pour la protection des données CNPD, the data protection authority for GDPR compliance and guidance.

Ministry of the Economy, including the General Directorate for Small and Medium-Sized Enterprises for establishment authorizations and consumer policy.

Registre de Commerce et des Sociétés Luxembourg RCSL, for company registration and filings.

Administration de l’enregistrement, des domaines et de la TVA, for VAT numbers, rates, and VAT compliance.

Institut luxembourgeois de la normalisation, de l’accréditation, de la sécurité et qualité des produits et services ILNAS, supervising trust services and eIDAS matters.

Commission de Surveillance du Secteur Financier CSSF, supervising payment institutions, e-money, and certain fintech activities.

Conseil de la concurrence, the Luxembourg Competition Authority for competition and marketplace issues.

Médiateur de la consommation, the national consumer mediator for alternative dispute resolution.

RESTENA DNS-LU, registry for .lu domain names, with dispute resolution administered with the WIPO Arbitration and Mediation Center.

Benelux Office for Intellectual Property and the European Union Intellectual Property Office, for trademarks and designs.

Administration de l’environnement and relevant producer responsibility organizations such as Valorlux for packaging, Ecotrel for e-waste, and Ecobatterien for batteries.

Guichet.lu, the government one-stop administrative portal offering practical guidance on business procedures.

Next Steps

Clarify your business model. List what you sell, where you sell, whether you host third-party sellers, and what data you collect. This shapes which rules apply.

Prepare key documents and data maps. Gather your existing terms and policies, vendor contracts, processing registers, data flows, cookies and SDK inventory, and current marketing practices.

Request a compliance review. Ask a Luxembourg-qualified lawyer for a gap analysis covering consumer law, GDPR and cookies, DSA readiness, payments and SCA, VAT and pricing, IP, and sector product rules.

Implement a practical roadmap. Prioritize high-impact items such as information notices, consent flows, terms and order confirmation wording, internal breach procedures, and trader checks if you run a marketplace.

Align vendor and platform contracts. Ensure payment, logistics, cloud, and marketing partners provide required assurances, service levels, and data processing terms.

Train your team. Brief customer support and marketing on withdrawal rights, returns handling, price reduction rules, complaint timelines, and advertising disclosures.

Monitor legal updates. EU and Luxembourg digital rules evolve. Assign responsibility to track CNPD guidance, DSA developments, VAT changes, and new sector rules such as NIS2 implementation.

Engage local counsel. Choose a lawyer with e-commerce and technology experience, admitted in Luxembourg. Agree scope, deliverables, budget, and timelines. For urgent issues such as a data breach or platform takedown, ask for short turnaround support.

If you are based in or near Pétange, consider an initial consultation to map your local operations, including establishment authorization, registration steps, and any warehouse or returns center specifics.

This guide provides general information only. For advice on your situation, consult a qualified Luxembourg lawyer.