Best E-commerce & Internet Law Lawyers in Spier

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

Spier is a village in the municipality of Midden-Drenthe, but the rules that govern online business here are set mainly at national and EU level. E-commerce and internet law in the Netherlands blends Dutch civil and administrative law with European rules on consumer protection, privacy, digital services, unfair commercial practices, and platform operations. This framework applies whether you run a small local webshop from Spier or a cross-border marketplace serving the wider EU.

Key pillars include consumer rights for distance sales, the EU General Data Protection Regulation and the Dutch GDPR Implementation Act for privacy, cookie rules under the Dutch Telecommunications Act, online advertising and pricing rules, online platform obligations under the EU Digital Services Act, payment security requirements under PSD2, VAT and customs rules for cross-border sales, and intellectual property and domain name protections. Enforcement is carried out by multiple authorities, particularly the Dutch Authority for Consumers and Markets and the Dutch Data Protection Authority, and tax compliance is overseen by the Dutch Tax and Customs Administration.

Why You May Need a Lawyer

Setting up a webshop or app and drafting compliant terms and conditions, a clear returns policy, and mandatory pre-contract information can be complex. A lawyer can tailor these documents to Dutch and EU rules and to your business model.

Data protection and cookies raise frequent questions. You may need help creating a GDPR-compliant privacy notice, processor agreements with suppliers, a cookie banner and policy, and legitimate bases for marketing communications and analytics.

Consumer law disputes are common. Issues include non-conforming products, the 14-day cooling-off period for distance sales, refunds and return costs, delivery delays, and chargebacks. Legal advice can prevent complaints escalating into fines or litigation.

Online advertising and pricing rules can trigger penalties if breached. Examples include influencer endorsements without proper disclosure, misleading environmental claims, drip pricing, and price reductions that do not follow the 30-day lowest price rule.

Platform and marketplace operators face special duties under the Digital Services Act such as notice-and-action processes, transparency of terms and ranking parameters, trader verification, and user complaint handling. Legal guidance helps implement proportionate processes and policies.

Intellectual property and brand integrity are central online. Lawyers assist with trademark protection, dealing with counterfeit listings, drafting IP takedown notices, and handling .nl domain disputes.

Payments and fintech choices involve PSD2 strong customer authentication, chargeback risk allocation, and payment service agreements. Counsel can negotiate provider terms and manage compliance exposure.

Cross-border growth raises VAT and customs complexity, including EU OSS or IOSS registrations, product compliance for batteries, electronics, cosmetics, or toys, and geo-blocking rules. Legal and tax coordination helps avoid costly mistakes.

Incidents such as data breaches, platform account suspension, or allegations of illegal content require fast, correct responses. Legal support helps meet notification deadlines, preserve evidence, and limit liability.

Local operational matters such as running a home-based business in Spier may involve municipal zoning, signage, or nuisance rules. A lawyer can help align your online model with local requirements.

Local Laws Overview

Consumer protection for distance contracts applies to most online B2C sales. Before checkout you must show clear information about the trader, total prices including taxes and mandatory fees, delivery and return costs, payment methods, complaint handling, and the right of withdrawal. Consumers generally have 14 days after delivery to withdraw, then 14 days to return. You must refund within 14 days of notice of withdrawal and may wait until goods are received or proof of return is provided. Exceptions exist for custom goods, perishable items, sealed hygiene products if unsealed, and certain digital content once supply begins with consent. Goods must conform to the contract. Dutch law expects durability for a reasonable period which can exceed two years depending on the product.

Privacy and cookies compliance is essential. GDPR applies to any personal data you collect such as customer accounts, analytics, and marketing. You need a clear lawful basis, data minimization, security measures, and records. For processors such as hosting or payment providers you must have written agreements. The Dutch Telecommunications Act requires prior consent for non-essential cookies and similar tracking. Strictly necessary cookies are exempt. Some privacy-friendly analytics may be used without consent if configured to strongly limit privacy impact, but marketing and cross-site tracking cookies require consent.

Online platforms and content services must follow the EU Digital Services Act. All intermediaries need clear terms, a single point of contact, and cooperation with authorities. Hosting providers must handle notices about illegal content and act diligently. Online platforms have added obligations such as a user notice-and-action mechanism, statements of reasons for takedowns, an internal complaint system, and trader traceability for marketplaces. Very large platforms have additional risk management and auditing duties. If you are a marketplace, you must inform consumers about the status of sellers as traders or individuals and the main parameters of search ranking.

Advertising and pricing are regulated. The Unfair Commercial Practices rules prohibit misleading or aggressive practices, including false scarcity, fake reviews, or hidden charges. Influencer and affiliate marketing must be clearly identified as advertising. Price reductions must reference the lowest price in the 30 days before the discount, with limited exceptions. Sustainability claims require substantiation that is precise and verifiable.

Payments and security are covered by PSD2 and national rules. Strong customer authentication is typically required for card payments. Your contracts with payment providers should address chargeback handling, fraud monitoring, reserves, and data protection. If you provide your own wallet or split payments as a platform, check whether you need licensing or an exemption and structure flows carefully.

Tax and customs impact daily operations. Most businesses must register with the Dutch Chamber of Commerce and for VAT. The small business scheme can exempt eligible small traders from charging VAT, but it affects deductibility. For EU cross-border B2C sales, the One Stop Shop simplifies VAT reporting. For imports of low-value consignments to EU consumers, the Import One Stop Shop can be used. Correct invoicing, record keeping, and classification are key. If you sell electronics, batteries, packaging, or other regulated goods, extended producer responsibility and eco-fees may apply.

Intellectual property and domains matter online. Register trademarks to protect your brand. Use clear IP enforcement processes for counterfeit products and copyright breaches. .nl domain disputes are handled under specific dispute resolution rules, and evidence of bad faith or confusing similarity is important.

Product compliance and safety are non-negotiable. CE marking, Dutch language instructions and safety information for consumers, age verification for restricted items such as alcohol, and sector rules for cosmetics, food supplements, toys, and electronics must be respected. Keep technical documentation and supplier declarations.

Local operational points in Spier include home-business rules and potential restrictions on signage, storage, parking, or customer pick-up traffic. Check with the municipality of Midden-Drenthe about zoning and nuisance rules before expanding logistics or warehousing from home.

Frequently Asked Questions

Do I need to register a business to sell online from Spier

Most ongoing commercial activity requires registration with the Dutch Chamber of Commerce and VAT registration unless you qualify and opt for the small business scheme. Hobby sales that are occasional and not profit driven may be exempt, but once you regularly sell with an intention to profit, registration is expected.

What information must my webshop display

Provide the business name, geographic address, Chamber of Commerce number, VAT number if applicable, contact details including an email address, total prices including taxes and mandatory fees, delivery costs and times, accepted payment methods, complaint handling, and the right of withdrawal with a model form. Terms must be accessible in a durable format and in the language of the customers you target, typically Dutch if you target the Dutch market.

How does the 14-day cooling-off period work

Consumers usually have 14 days after delivery to inform you that they withdraw. They then have 14 days to return the product. You must refund all payments including the standard delivery cost. Consumers normally pay return shipping if you informed them in advance. There are legal exceptions such as custom goods, sealed hygiene items once unsealed, and certain digital content once delivery starts with informed consent.

Do I need cookie consent on my website

Consent is required for most cookies and similar technologies that are not strictly necessary, including marketing and many analytics tools. If you configure analytics to be privacy friendly and do not share data with third parties, consent may not be required, but you must still inform users. Always document your assessment and keep your cookie banner and policy consistent with actual tracking.

Can I send marketing emails without prior consent

For individuals, prior consent is generally required. There is a soft opt-in for existing customers if you obtained their email during a sale, you market your own similar products, and you offer an easy opt-out at every message. For business contacts, rules are more flexible but still require clear information and opt-out. Keep robust consent records and honor opt-outs promptly.

What VAT rules apply to cross-border EU sales

For B2C sales to other EU countries, you can use the One Stop Shop to declare and pay foreign VAT through a single Dutch return once you exceed the EU-wide threshold or if you opt in. For low-value imports to EU consumers, the Import One Stop Shop can simplify VAT on consignments up to the EU low-value threshold. Display prices including VAT appropriate to the destination country when you are responsible for VAT there.

What are my obligations if I run a marketplace platform

You must verify traders, inform consumers whether they buy from a trader or a private person, provide clear ranking parameters, operate a notice-and-action system for illegal content, issue statements of reasons for removals, and offer an internal complaints process. Have clear seller terms and a process to address counterfeit and unsafe products. Larger platforms face additional duties under the Digital Services Act.

How should I handle negative or fake reviews

You may moderate reviews according to clear, fair policies stated in your terms. The law prohibits presenting fake reviews or endorsements as genuine. If you display reviews, you must explain how you ensure they are from real customers. For defamatory or unlawful reviews, use a proportionate notice-and-action process and keep records of your assessment and response.

What should I do after a data breach

Act quickly to contain the incident, assess risk, and document facts. Many breaches must be notified to the Dutch Data Protection Authority within 72 hours. If there is a high risk to individuals, you must also inform affected people without undue delay. Review contracts with processors, log evidence, and implement remedial measures. A lawyer can help determine notification thresholds and draft communications.

How are price reductions and promotions regulated

When you announce a price reduction, you generally must reference the lowest price applied in the previous 30 days. Avoid drip pricing by showing the total price including mandatory fees from the start. Claims such as green or climate neutral must be specific, accurate, and supported by evidence. Influencer posts must be clearly labeled as advertising.

Additional Resources

Dutch Authority for Consumers and Markets. Supervises consumer protection online, unfair commercial practices, and rules for platforms and price indications.

Dutch Data Protection Authority. Provides guidance and enforces GDPR and data breach reporting rules.

Dutch Tax and Customs Administration. Offers information on VAT registration, OSS and IOSS, invoicing, and e-commerce tax issues.

Netherlands Chamber of Commerce. Business registration, trade name checks, UBO guidance, and practical startup information.

SIDN. Registry for .nl domains and the .nl dispute resolution policy for domain name conflicts.

Thuiswinkel. Industry association with codes of conduct and trustmark programs for webshops.

Stichting Reclame Code. Dutch Advertising Code and guidelines for online and influencer advertising.

Netherlands Enterprise Agency. Business support and information on product compliance, CE marking, and export rules.

European Consumer Centre Netherlands. Consumer guidance on cross-border EU purchases and dispute resolution.

Police and National Cyber Security Centre. Channels for reporting cybercrime, fraud, and security incidents.

Next Steps

Clarify your business model and risk areas. Note what you sell, where you sell, whether you operate a marketplace or only your own shop, which data you collect, how you advertise, and which third party providers you use.

Assemble key documents. Prepare your current terms and conditions, privacy notice, cookie policy, supplier and platform contracts, payment provider agreements, customer service scripts, refund procedures, and records of consent and complaints.

Map your data and systems. List data flows, processors, hosting locations, retention periods, and security controls. Identify high risk processing such as profiling or cross-border transfers outside the EEA.

Review consumer communications. Capture screenshots of your checkout pages, price displays, discount mechanics, review displays, and any influencer or affiliate content to assess compliance.

Check tax and product requirements. Confirm VAT registration and whether OSS or IOSS is needed. Verify CE marking, labeling, age verification, and any extended producer responsibility duties.

Contact a lawyer experienced in Dutch and EU e-commerce, platform, privacy, and advertising law. Ask for a fixed scope compliance review covering consumer rights, pricing and advertising, privacy and cookies, platform obligations if relevant, IP and brand protection, payments, and tax coordination with your accountant.

Implement prioritized fixes. Update website notices, terms, checkout flows, cookie banner, and internal policies. Train staff and align supplier and platform contracts. Keep evidence of compliance decisions and version control for changes.

Establish ongoing governance. Schedule periodic audits, maintain incident and takedown procedures, run DPIAs for new features, and monitor regulatory updates affecting online trade in the Netherlands and the EU.

If you face a dispute or investigation, act promptly. Pause problematic campaigns, preserve logs and communications, and engage counsel to respond to authorities or consumer complaints in a timely and accurate manner.