Best E-commerce & Internet Law Lawyers in Sanem

About E-commerce & Internet Law in Sanem, Luxembourg

E-commerce and Internet law in Sanem is governed by Luxembourg national law and directly applicable European Union regulations. Sanem does not have a separate legal regime, so businesses and individuals in the commune are subject to the same rules as the rest of Luxembourg. This body of law covers how online businesses are formed and operated, the validity of electronic contracts and signatures, consumer protection for distance sales, data protection and privacy, digital advertising and unfair commercial practices, platform and marketplace compliance, intellectual property online, cybersecurity, and cross-border trade within the European Union.

Luxembourg has a mature and tech friendly legal framework built around the Law of 14 August 2000 on electronic commerce, as amended, the national Consumer Code, the General Data Protection Regulation, the ePrivacy rules, and a wide range of EU measures such as the Digital Services Act, the Platform to Business Regulation, the Unfair Commercial Practices Directive and the VAT One Stop Shop regime. Several national authorities supervise specific areas, including the National Commission for Data Protection for privacy, the financial regulator for payment services, and the telecom and trust services regulators for networks and electronic signatures.

If you are launching an online shop from Sanem, running a marketplace, providing software or digital content as a service, or advertising to consumers in Luxembourg or across the EU, these rules apply to you. Sound planning and clear documentation can help you trade safely and reduce legal risk.

Why You May Need a Lawyer

You may need a lawyer to draft clear terms and conditions, privacy notices, cookie policies, and returns and warranty policies that comply with Luxembourg and EU consumer law. Even template based documents often miss mandatory disclosures such as the trader’s identity and address, total prices with taxes, delivery charges, the 14 day withdrawal right, and returns modalities. A lawyer can tailor these to your specific business model and languages used in Luxembourg.

Marketplaces and platforms face additional duties such as seller due diligence, transparent content moderation rules, notice and action mechanisms for illegal content, internal complaint handling, and transparency reporting under the EU Digital Services Act. Legal advice helps map which duties apply to your size and service type and how to implement practical workflows.

Data protection is another common trigger. If you collect customer data, use analytics or cookies, run loyalty programs, or engage in targeted advertising, you must comply with GDPR and ePrivacy rules. You may need a data protection impact assessment, a data processing register, standard contractual clauses for transfers outside the EU, vendor agreements, and a breach response plan. Counsel can also align your consent flows and cookie banner with the National Commission for Data Protection expectations.

Cross border sales bring VAT and tax reporting questions. After the EU VAT e commerce package, many sellers benefit from the One Stop Shop, but there are still edge cases for services, vouchers, and mixed supplies. Platform operators may need to comply with DAC7 platform reporting duties. A lawyer working with your tax adviser can help you choose the right setups and avoid penalties.

Other common needs include brand and content protection, takedown strategies for counterfeits, compliance for influencer marketing and price reductions, payment and chargeback terms under PSD2 strong customer authentication, cybersecurity and incident response obligations, and guidance on logistics, returns, and extended producer responsibility for packaging, electronics, and batteries.

Local Laws Overview

Electronic commerce and information society services are governed by the Law of 14 August 2000 on electronic commerce. It covers mandatory provider identification details on your website, the validity of electronic contracts and records, and liability limitations for mere conduit, caching, and hosting services. It implements the EU e commerce directive and is complemented by newer EU rules such as the Digital Services Act, which introduces layered obligations for intermediaries, hosting providers, and online platforms, with lighter regimes for micro and small enterprises but still with core duties like notice mechanisms and transparent terms.

Consumer protection for distance and off premises contracts is set out in the Consumer Code as updated to reflect the EU directives on consumer rights, sale of goods, and digital content and digital services. Key elements include pre contract information, a 14 day withdrawal right for most consumer purchases, delivery rules, remedies for lack of conformity, and how to handle digital content supplied in exchange for personal data. Luxembourg also transposed the EU Omnibus package which tightened rules on online reviews, marketplace transparency, and price reduction announcements, including the reference price requirement for promotions.

Data protection is regulated by the GDPR and the national law that complements it. The National Commission for Data Protection supervises compliance. Businesses must have a lawful basis for processing, honor data subject rights, document processing activities, secure data appropriately, and notify personal data breaches to the authority within 72 hours when required. The ePrivacy rules regulate cookies and electronic marketing, with prior consent needed for most non essential cookies and clear opt out for permitted marketing messages to existing customers.

Electronic identification and trust services follow the EU eIDAS Regulation. Qualified electronic signatures have the legal effect of handwritten signatures and qualified trust service providers are supervised in Luxembourg by ILNAS. If you use electronic seals or timestamps or provide signing services, you must ensure you use recognized trust services.

Payments and fintech solutions are subject to PSD2, strong customer authentication, and the supervision of the Commission de Surveillance du Secteur Financier when providing regulated services such as payment initiation, account information, e money, or issuing cards. Merchants must support strong customer authentication and handle surcharges and liability correctly.

Tax and VAT rules for cross border e commerce are shaped by the EU VAT One Stop Shop and Import One Stop Shop regimes, administered in Luxembourg by the Administration de l’enregistrement, des domaines et de la TVA. Platform operators may have reporting obligations under the DAC7 framework to the direct tax authority, the Administration des contributions directes.

Advertising and online practices are governed by the rules on unfair commercial practices, price indication, and comparative advertising. Influencer and affiliate marketing must be clearly identifiable as advertising and claims must be substantiated. Price reduction announcements must reference the prior price practiced over a defined period, with specific exceptions.

Intellectual property protection for trademarks and designs is managed at Benelux level under the Benelux Convention on Intellectual Property, with national copyright rules applicable. Domain names under .lu are administered by DNS LU. Online infringement and takedowns must respect hosting and platform notice procedures and applicable safe harbors.

Cybersecurity duties can arise from sector specific rules, contractual commitments, and incident reporting expectations. Operators in regulated sectors may have additional obligations and all businesses benefit from following national guidance and engaging the appropriate incident response contacts.

Local and operational rules can also matter. Running an online business from Sanem typically requires a business permit known as an autorisation d’établissement from the Ministry of the Economy, registration with the Trade and Companies Register, VAT registration where applicable, and social security affiliation. Warehousing, signage, and logistics may be subject to municipal or environmental rules. Extended producer responsibility schemes apply to packaging, electrical and electronic equipment, and batteries through accredited organizations.

Frequently Asked Questions

Can I run an online shop from my home in Sanem

Yes, but you still need a business permit known as an autorisation d’établissement, register your company or trade with the Trade and Companies Register, handle VAT registration with the tax authority when required, and comply with zoning or nuisance rules if you hold stock or receive deliveries. Check lease terms and co ownership rules if you do business from a residential property.

What legal information must appear on my website

You must display your business name, legal form, geographic address, contact email, trade register number, VAT number where applicable, professional title or supervisory authority if you are a regulated profession, and clear terms of sale. If you run a marketplace, identify whether you or third party sellers are the traders and clarify how consumer rights apply.

Do I need to offer a 14 day return right

For consumer distance sales you generally must offer a 14 day withdrawal right with a clear model form and instructions. There are exceptions for personalized goods, perishable goods, sealed items not suitable for return for health or hygiene reasons once unsealed, and for digital content once supply has started with the consumer’s explicit consent and acknowledgment of losing the withdrawal right.

How should I handle cookies and analytics

Place only strictly necessary cookies without consent. For analytics, advertising, and similar cookies, obtain prior consent that is freely given, specific, informed, and unambiguous. Provide a clear cookie banner with granular choices and an easy way to withdraw consent. Your privacy notice should describe purposes, retention, and recipients.

What does the EU Digital Services Act mean for my platform

If you provide hosting or run an online platform such as a marketplace or social app, you must have user friendly notice and action mechanisms, transparent terms, a point of contact, annual reports, and for platforms, a seller traceability process and internal complaint handling. Micro and small enterprises benefit from some reduced burdens but must still meet core obligations.

Do I need customer consent for marketing emails

Yes for new prospects you generally need prior opt in consent. There is a limited soft opt in for existing customers where you obtained the email during a sale of similar goods or services, provided you offer an easy opt out in every message. Keep records of consent and respect unsubscribe requests promptly.

How is VAT handled for EU cross border sales

The EU One Stop Shop allows you to report and pay VAT due in other EU countries through a single Luxembourg portal for business to consumer distance sales of goods and certain services. Import One Stop Shop can simplify VAT for low value goods imported from outside the EU. Specific rules apply to platforms that facilitate supplies.

What about influencer and online reviews compliance

Ads must be clearly labeled and not misleading. Influencers and affiliates must disclose the commercial relationship in a clear and prominent way. You may not publish or buy fake reviews, and if you present reviews, you must explain how you ensure they are from real consumers and how they are moderated.

When do I need a Data Protection Officer

You must appoint a Data Protection Officer if you are a public authority or body, if your core activities require regular and systematic monitoring of individuals on a large scale, or if you process special categories of data on a large scale. Many small e commerce shops do not need a DPO but must still comply with GDPR and designate a privacy contact.

What should I do after a data breach

Assess the incident quickly, contain it, and document facts and decisions. If the breach is likely to result in a risk to individuals, notify the National Commission for Data Protection within 72 hours and, if there is a high risk, inform affected individuals without undue delay. Review vendor contracts and your incident response plan and consider notifying relevant cybersecurity bodies for support.

Additional Resources

National Commission for Data Protection for guidance and breach notifications.

Ministry of the Economy for the autorisation d’établissement and business support.

Trade and Companies Register for company and trade registrations.

Administration de l’enregistrement, des domaines et de la TVA for VAT and the One Stop Shop.

Administration des contributions directes for DAC7 platform reporting and direct taxes.

Commission de Surveillance du Secteur Financier for payment services and fintech supervision.

Institut Luxembourgeois de la Normalisation, de l’Accréditation, de la Sécurité et qualité des produits et services for trust services under eIDAS.

Institut Luxembourgeois de Régulation for telecom and certain electronic communications matters.

DNS LU for .lu domain name registration and policies.

Luxembourg House of Cybersecurity and CIRCL for cybersecurity best practices and incident response support.

Médiateur de la consommation for consumer alternative dispute resolution.

Valorlux, Ecotrel, and Ecobatterien for extended producer responsibility schemes.

Next Steps

Define your online business model, sales channels, target countries, and whether you act as trader or platform. This scoping exercise drives which rules apply. Prepare an inventory of data you process, payment flows, vendors, and technical stacks.

Obtain your autorisation d’établissement, register with the Trade and Companies Register, and set up VAT or One Stop Shop as needed. Align your accounting and invoicing tools with these registrations.

Draft and implement core documents and notices. These include website legal notice, terms and conditions, privacy notice, cookie policy, returns and warranty policy, and if you are a platform, seller terms and compliance procedures. Ensure clarity in French, German, or another language used with consumers and provide consistent information across your site, order flow, and confirmation emails.

Map and implement GDPR and ePrivacy compliance. Use a compliant consent banner, vendor data processing agreements, security controls, and a breach response playbook. If you transfer data outside the EU, adopt standard contractual clauses and perform transfer impact assessments where required.

Integrate payments and logistics with legal requirements. Enable strong customer authentication, clarify delivery times and costs, implement a transparent returns process, and participate in applicable recycling schemes for packaging and products.

If you run a marketplace or hosting service, implement Digital Services Act processes. Set up notice handling, user reporting channels, internal complaint handling, seller verification, and transparency reporting appropriate to your size and risk profile.

Speak with a Luxembourg lawyer experienced in e commerce and data protection. Ask for a practical compliance roadmap, a risk ranked action list, and templates tailored to your business. Keep documentation updated as your offering or the law changes.