Best E-commerce & Internet Law Lawyers in Spier

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

E-commerce and internet law in Spier is governed primarily by Dutch national law and European Union regulations. Although Spier is a small village in the municipality of Midden-Drenthe, the same legal framework applies here as in the rest of the Netherlands. If you run an online shop, provide digital services, sell via marketplaces, or operate a platform from Spier, you must comply with rules on consumer protection, contracts, privacy and cookies, advertising, platform responsibilities, product safety, taxation, intellectual property, and payments.

Key sources include the Dutch Civil Code for consumer contracts and distance sales, the General Data Protection Regulation known as AVG in Dutch, the Telecommunications Act for cookies and electronic marketing, the implementation of the EU E-commerce Directive for information duties and online contracting, the EU consumer law package including the Consumer Rights Directive and Omnibus updates, the Digital Content and Digital Services rules, and the EU Digital Services Act for platforms. Sectoral rules can also apply, such as food or product safety rules, packaging and waste obligations, and payment services law.

Why You May Need a Lawyer

Starting or scaling an online business often raises questions about what to display on your website, how to draft terms and conditions, and which consumer rights you must honor. A lawyer can help you set compliant terms, privacy and cookie notices, and returns policies that protect the business while respecting mandatory consumer law.

Disputes arise over chargebacks, delayed deliveries, non-conforming goods, negative reviews, and misleading advertising claims. Counsel can guide you through complaints handling, Alternative Dispute Resolution options, and litigation if needed. If your marketplace account is suspended or your content is taken down, legal support can assist with notices, appeals, and compliance under the Digital Services Act.

Data protection is another common trigger. If you experience a data breach or are unsure about consent flows, analytics, or cross-border data transfers, a lawyer can help with incident response, regulator notifications, and Data Processing Agreements. Businesses that sell regulated products like alcohol or cosmetics, or that process payments or health data, benefit from sector-specific advice.

Other scenarios include expanding cross-border with OSS or IOSS VAT schemes, negotiating SaaS or software licenses, protecting trademarks and domain names, handling influencer and affiliate agreements, or complying with packaging and product stewardship rules. Local practicalities in Midden-Drenthe, like permits for pick-up points or signage, can also require guidance.

Local Laws Overview

Consumer contracts and distance selling. Before checkout you must clearly present essential pre-contract information such as total price including VAT and unavoidable costs, delivery costs, identity and contact details, complaint handling, and the right of withdrawal. The consumer generally has 14 days to withdraw from distance contracts. If you fail to inform about this right, the period can be extended up to 12 months. There are lawful exceptions, for example bespoke goods, perishable goods, sealed hygiene items unsealed by the consumer, and digital content not on a tangible medium if performance started with explicit consent and acknowledgment of losing the right of withdrawal.

Digital content and services. Dutch law implements EU rules requiring fitness and conformity of digital content and digital services. You must provide security and functionality updates and are liable for lack of conformity. For subscriptions, renewal and termination terms must be fair and transparent, and online cancellation must be easy.

Legal guarantees and conformity. The Netherlands uses a conformity standard rather than a fixed guarantee period. Goods must meet reasonable expectations considering the nature of the product and price. EU minimum protections apply and the burden of proof reversal for lack of conformity applies for an initial period, which is commonly 12 months.

Mandatory website information. Under the implementation of the EU E-commerce Directive you must display your business name, geographic address, email address, Chamber of Commerce registration number, and VAT number. Terms and conditions must be made available in a way that allows the customer to store and reproduce them. If you target Dutch consumers, provide key information in Dutch.

Privacy and data protection. The AVG requires a lawful basis for processing, data minimization, transparent privacy notices, security measures, and honoring rights of access, deletion, and objection. You must have Data Processing Agreements with processors, perform breach notification to the Dutch Data Protection Authority if required, and in many cases notify affected individuals. For online services offered directly to children, parental consent is required for users under 16 in the Netherlands.

Cookies and tracking. Non-essential cookies and similar tracking technologies require prior informed consent. Strictly necessary cookies are exempt. Analytics can be exempt from consent only if implemented in a privacy-friendly manner according to Dutch guidance. Consent must be specific, informed, freely given, and withdrawable.

Marketing and advertising. Email and SMS marketing generally require prior opt-in consent, with a limited soft opt-in exception for existing customers for similar products if an easy opt-out is provided in every message. Telemarketing to consumers requires prior consent. The Dutch Advertising Code prohibits misleading and aggressive practices. Fake reviews and misleading price reductions are forbidden. When announcing a price reduction, you must reference the lowest prior price used in the previous 30 days, with limited exceptions.

Platform and marketplace rules. The Digital Services Act imposes transparency, notice-and-action, and trader traceability duties on platforms. If you run a marketplace, you must collect and verify seller information and provide clear processes for handling reports and appeals. If you sell via a marketplace, you must provide accurate trader information and comply with platform policies and consumer law.

Payments and PSD2. Strong Customer Authentication applies to most electronic payments. If you provide payment services or account information services, licensing or registration with De Nederlandsche Bank may apply. For unauthorized payment transactions, consumers have statutory protections.

Tax and cross-border sales. Dutch VAT standard rate is 21 percent, with some goods and services at 9 percent or 0 percent. Cross-border B2C sales within the EU typically use the One Stop Shop scheme. For imports to EU consumers with low-value consignments, the Import OSS can apply. Consider the small business scheme KOR if eligible. Non-EU sales and imports involve customs and different VAT handling.

Product safety and sectoral rules. You are responsible for product safety, CE marking where applicable, accurate labelling, and compliance with sector rules. The Netherlands Food and Consumer Product Safety Authority oversees safety and recalls. Age-restricted goods like alcohol are subject to the Alcohol Act and require robust age verification at ordering and delivery.

Packaging and environmental duties. If you first place packaging, electronics, batteries, or textiles on the Dutch market, extended producer responsibility can apply, including registration and fees. This affects many e-commerce businesses that import packaged goods. Ensure compliance with relevant schemes.

Intellectual property and domains. Protect your brand with trademarks. Respect third-party copyrights and trademarks in listings, images, and ads. The .nl domain is managed by SIDN, which also oversees alternative dispute resolution for domain name conflicts.

Local practicalities in Spier and Midden-Drenthe. While e-commerce is regulated nationally, you may need municipal permits for physical pick-up points, signage, or storage. Check local zoning and environmental requirements if you operate from a warehouse or home address.

Frequently Asked Questions

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

Yes, most ongoing commercial activities require registration with the Dutch Chamber of Commerce. You will also need a VAT number unless you qualify and opt for the small business scheme. Even small or part-time online sellers are usually considered entrepreneurs for tax and consumer law purposes.

What must my website show to comply with Dutch e-commerce rules

Display your business name, geographic address, email address, Chamber of Commerce registration number, and VAT number. Show clear pricing including VAT and unavoidable costs, delivery costs, payment methods, delivery times, complaint handling, and the right of withdrawal including a model withdrawal form. Make your terms and conditions and privacy policy easily accessible before checkout.

How do I lawfully use cookies and tracking technologies

Obtain prior consent for non-essential cookies such as advertising and most analytics. Use clear, specific explanations and allow users to accept or reject categories without nudging. Only place strictly necessary cookies without consent. Keep a record of consents and offer an easy way to withdraw consent.

What is the standard return right for online purchases

Consumers generally have 14 days from receipt to withdraw without giving a reason, followed by 14 days to return the goods. You must refund within 14 days of being informed of withdrawal, and you may wait until you receive the goods back or proof of return. The consumer pays return costs only if you clearly informed them of that responsibility before the sale. Several exceptions apply under law.

Can I send marketing emails to customers without consent

In general you need prior opt-in consent. There is a soft opt-in exception if you obtained the email address during a sale of your own products or services, you market similar products, and you provide an easy opt-out in every message. For prospects and most B2C contacts, get explicit consent first.

What should my terms and conditions cover for an online shop

Include descriptions of goods or services, pricing, delivery terms, payment, the right of withdrawal and how to exercise it, warranties and conformity, complaint procedures, limitation of liability within the limits of consumer law, governing law and forum, and a reference to Alternative Dispute Resolution where applicable. Provide them in a durable format and in Dutch if you target Dutch consumers.

How do VAT and cross-border sales work for a small webshop

Within the EU you can use the One Stop Shop to declare VAT in one return for B2C distance sales. The Dutch small business scheme can apply below certain turnover thresholds, but it may not be optimal if you sell cross-border. For imports to EU consumers, the Import OSS can simplify VAT on low-value consignments. Seek tailored tax advice for your specific situation.

What are my obligations if I sell digital content or subscriptions

You must ensure digital content meets conformity standards and provide necessary updates. For subscriptions and ongoing services, renewal and termination terms must be fair and transparent, and you must offer an easy online cancellation route if the contract was concluded online. The right of withdrawal for digital content has specific conditions and exceptions.

What do I do if I suffer a data breach

Assess the incident quickly, contain it, and document facts. If there is a risk to individuals, notify the Dutch Data Protection Authority within 72 hours and inform affected individuals without undue delay if the risk is high. Review contracts with processors, check your security measures, and implement remediation steps. Keep a record of the breach and your response.

Are there special rules if I sell through a marketplace

Yes. You remain responsible for consumer law compliance, product safety, and information duties. The platform has obligations under the Digital Services Act, including trader verification and notice-and-action, and it will enforce its own policies. Keep accurate trader information, respond to takedown notices promptly, and use the platform's appeal mechanisms if you face unjustified suspensions.

Additional Resources

Dutch Chamber of Commerce known as Kamer van Koophandel for registration and legal forms guidance.

Authority for Consumers and Markets known as ACM for consumer law, price transparency, unfair practices, and telemarketing rules.

Dutch Data Protection Authority known as Autoriteit Persoonsgegevens for privacy and data breach guidance.

Dutch Tax and Customs Administration known as Belastingdienst for VAT, OSS and IOSS information.

Netherlands Food and Consumer Product Safety Authority known as NVWA for product safety and recalls.

SIDN for .nl domain registration and dispute resolution information.

Thuiswinkel.org and Stichting Webshop Keurmerk for e-commerce best practices and quality marks.

Stichting Reclame Code for the Dutch Advertising Code and guidance on fair advertising.

Afvalfonds Verpakkingen and relevant producer responsibility schemes for packaging, electronics, batteries, and textiles.

Municipality of Midden-Drenthe entrepreneurs desk for local permits and practical business support, and the Netherlands Enterprise Agency known as RVO for funding and internationalization programs.

Next Steps

Map your business model and risks. List what you sell, where you sell, who your customers are, and what personal data you process. Identify any regulated products, age restrictions, or cross-border elements.

Assemble core documents. Prepare clear terms and conditions, a privacy notice, and a cookie notice. Draft a returns policy and complaints procedure. Put Data Processing Agreements in place with hosting, analytics, payment, and logistics providers.

Fix your interfaces. Implement compliant consent flows for cookies and marketing, display mandatory company details, and ensure checkout shows total pricing and key pre-contract information. Add an easy online cancellation route for subscriptions concluded online.

Set up compliance operations. Create procedures for handling consumer requests, refunds, warranty claims, takedowns, and data breaches. Maintain records of consents, policies, and supplier contracts. Train staff or contractors who handle customer data.

Get tailored legal advice. Contact an e-commerce and privacy lawyer experienced with Dutch and EU rules. A local or remote practitioner can review your shop, marketplace listings, or platform, and prioritize fixes that reduce enforcement and litigation risk.

If you are based in or near Spier, consider reaching out to regional business support programs in Drenthe and the Chamber of Commerce for practical guidance, then engage counsel to finalize documents and processes. This guide is general information and not legal advice for your specific situation.