Best E-commerce & Internet Law Lawyers in Stonehaven

About E-commerce & Internet Law in Stonehaven, United Kingdom

E-commerce and internet law in Stonehaven operates within the wider framework of Scottish and UK law. If you sell goods or services online, run a marketplace, host user content, provide software-as-a-service, or market to UK consumers from Stonehaven, you are subject to a mix of consumer protection, data protection, online safety, advertising, intellectual property, contract, and cyber security rules. Local enforcement bodies in Scotland, UK regulators, and the Scottish courts all play a role.

Core legislation includes the Consumer Rights Act 2015, the Consumer Contracts Regulations 2013 for distance sales, the Electronic Commerce Regulations 2002, the Privacy and Electronic Communications Regulations 2003 for cookies and direct marketing, and UK GDPR with the Data Protection Act 2018 for personal data. Sector-specific rules may apply to payments, financial services, health, alcohol, or age-restricted products. Scottish law shapes court procedure, defamation, and certain formalities for electronic signatures and contracts. Newer regimes such as the Online Safety Act 2023 and the Digital Markets, Competition and Consumers Act 2024 are reshaping platform duties, subscriptions, fake reviews, and consumer enforcement, with commencement dates phased in.

Stonehaven businesses must also meet practical obligations such as clear website disclosures, fair terms, compliant cookie banners, valid consent flows, age-appropriate design considerations, secure payments, and reliable returns handling. Getting these right reduces regulatory risk, chargebacks, complaints, and reputational harm.

Why You May Need a Lawyer

- You are launching or scaling an online store and need tailored website terms, privacy notices, cookie notices, returns policies, and subscription terms that comply with UK consumer and data protection laws.- You handle personal data and require help with data mapping, lawful bases, consent design, processor contracts, international data transfers, DPIAs, and Children’s Code compliance.- You use email, SMS, or online advertising and need advice on consent rules under PECR, claims substantiation, influencer marketing disclosures, and ASA CAP Code compliance.- You sell subscriptions and must implement compliant trials, reminders, and easy cancellations in light of evolving DMCC Act requirements.- You run a marketplace, forum, or user-to-user service and need to understand Online Safety Act duties, notice-and-action processes, and liability risk for user content or unsafe products.- You face a complaint or investigation from Trading Standards, the ICO, the CMA, the ASA, or Ofcom, or you need to respond to a data breach, product recall, or marketing challenge.- You sell to customers outside the UK and need contract terms, consumer law risk, customs and VAT treatment, and IP protection strategies.- You received a defamation, copyright, or trade mark complaint about content on your website or social channel and need a takedown strategy and safe harbour analysis.- You are involved in a payment dispute, chargebacks, or alleged fraud and need advice on Payment Services Regulations, surcharges, SCA, and consumer rights.- You want to protect your brand online through trade marks, domain name strategy, marketplace takedowns, and Nominet domain disputes.

Local Laws Overview

Consumer protection and e-commerce information duties: The Consumer Rights Act 2015 sets quality and remedy standards for goods, services, and digital content. The Consumer Contracts Regulations 2013 set pre-contract information rules, delivery standards, and 14-day cancellation rights for most distance contracts with consumers. Prices must be transparent, VAT inclusive for consumers, and surcharges for most consumer cards are prohibited. The Electronic Commerce Regulations 2002 require clear identity and contact details, order process steps, and prompt electronic confirmations.

Data protection and cookies: UK GDPR and the Data Protection Act 2018 apply across Scotland, enforced by the Information Commissioner’s Office. The Privacy and Electronic Communications Regulations 2003 require prior consent for non-essential cookies and most direct marketing by electronic means, with limited soft opt-in for existing customers. The Children’s Code imposes high-privacy defaults and data minimisation for services likely to be accessed by children.

Online safety and platform duties: The Online Safety Act 2023 imposes duties on user-to-user and search services that have UK users, with Ofcom overseeing risk assessments, content reporting, and child safety. Even small community features like reviews or forums can engage duties depending on functionality and scale.

Advertising and unfair practices: The Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading and aggressive practices. The ASA enforces the CAP Code for online ads, including influencer disclosures such as Ad labels and substantiation of claims like green claims and pricing claims.

Intellectual property: Copyright protects website content, images, and software. Trade marks protect brand names and logos. Passing off protects unregistered goodwill. Domain names under .uk are overseen by Nominet with a dispute resolution service. Ensure you have licenses for fonts, stock images, and user-generated content, and implement prompt takedown procedures for infringement notices.

Defamation and user content in Scotland: The Defamation and Malicious Publication (Scotland) Act 2021 introduced a serious harm threshold, a one-year limitation period, and modernised liability rules. Intermediary protections and notice procedures interact with the Electronic Commerce Regulations safe harbours for hosting and caching. Obtain legal advice before removing or refusing to remove allegedly defamatory content.

Contracts, signatures, and formalities: Electronic signatures are generally valid in the UK. In Scotland, the Requirements of Writing (Scotland) Act 1995 and the Electronic Documents (Scotland) Act 2014 recognise advanced electronic signatures for certain documents. Ensure clickwrap acceptance and audit trails for online terms.

Payments and security: The Payment Services Regulations 2017 implement strong customer authentication and requirements for payment providers. Merchants should follow PCI DSS where applicable, implement robust fraud screening, and provide clear refund and chargeback processes.

Equality and accessibility: The Equality Act 2010 requires reasonable adjustments. Aim for accessible design so that disabled users can use your website or app.

Scottish procedure and local enforcement: Civil disputes in Stonehaven are heard in the Sheriff Court, with Simple Procedure available for lower value claims. Aberdeenshire Council Trading Standards may investigate unfair trading or product safety. The CMA can take UK-wide consumer enforcement action. The ICO and Ofcom regulate privacy and online safety respectively.

Forthcoming changes: The Digital Markets, Competition and Consumers Act 2024 introduces enhanced powers for the CMA, subscription contract reforms, and restrictions on fake reviews. Commencement is phased, so businesses should track guidance and implementation dates and update terms, flows, and compliance accordingly.

Frequently Asked Questions

Do I need written website terms and a privacy notice for a small Stonehaven online shop

Yes. UK law requires clear pre-contract information and fair terms for consumers, plus a compliant privacy notice explaining your data uses, lawful bases, rights, and contact details. You should also provide cookie information and obtain consent for non-essential cookies. Well drafted terms limit your risk, clarify delivery and returns, and help with chargebacks.

What are the rules on returns for online consumer purchases

For most consumer distance sales there is a 14-day cancellation period from delivery, with a further 14 days to return. You must refund within 14 days of receiving the goods or proof of posting. Consumers may be liable for diminished value if they handled items beyond what is necessary to check them. Exemptions apply to personalised goods, sealed health products if unsealed, and certain digital content once download starts with consent.

Do I need consent for marketing emails and cookies

For emails and texts to individuals you generally need prior consent. The soft opt-in allows marketing of similar products to existing customers if you collected the contact during a sale, gave an opt-out at collection, and include an opt-out in each message. For cookies, consent is required for analytics and advertising cookies. Consent must be opt-in, granular, and as easy to withdraw as to give.

How does UK GDPR apply to my Stonehaven business

UK GDPR applies if you process personal data. You must identify lawful bases, keep records, provide privacy information, have processor contracts, secure data, handle subject rights, and report serious data breaches to the ICO. If you transfer data outside the UK you need a safeguard such as the UK IDTA or the UK addendum to EU clauses.

Are online reviews and influencer ads regulated

Yes. The ASA requires that paid-for or controlled content is clearly labeled as advertising. Claims must be truthful and substantiated. The DMCC Act introduces rules against fake reviews. If you collect or host reviews, you should have policies to detect and remove fake or incentivised reviews and avoid suppressing negative genuine reviews.

What if a user posts defamatory or infringing content on my site

You should have clear notice-and-action procedures. Promptly assess complaints, remove content where appropriate, and document your decision. The Scottish defamation regime and e-commerce safe harbours can protect diligent hosts, but knowledge and inaction can create liability. Seek advice before refusing a credible takedown request.

Are electronic signatures valid for my online contracts

Yes. Clickwrap acceptance is generally enforceable if terms are presented clearly and acceptance is affirmative. For certain documents, especially in Scotland, advanced electronic signatures and witnessing rules may apply. Keep audit trails of versions, timestamps, and IP or account identifiers.

Can I charge extra for card payments

No, surcharges on most consumer card payments are prohibited. Build payment processing costs into your pricing instead. Be transparent about any other delivery or service fees before checkout.

We sell subscriptions. What do we need to change

Ensure clear pre-contract information, prominent auto-renewal disclosure, accessible terms, reminder notices before renewal or end of trials, simple one-click style cancellation, and pro-rated or fair refund handling. The DMCC Act strengthens rules on subscription traps, so review sign-up flows, reminders, and cancellation pathways.

How do Scottish courts handle small online trade disputes

Lower value civil claims typically use the Simple Procedure in the Sheriff Court, which aims to be accessible and proportionate. Many disputes can settle through negotiation or alternative dispute resolution. For consumer complaints, you must signpost to an approved ADR body even if you do not agree to use ADR unless your sector requires it.

Additional Resources

Aberdeenshire Council Trading Standards - local enforcement and business advice on fair trading and product safety.

Information Commissioner’s Office - regulator for UK GDPR, PECR, and the Children’s Code, with guidance on privacy notices, cookies, and data breaches.

Competition and Markets Authority - consumer enforcement and guidance on unfair terms, pricing practices, and the DMCC Act.

Advertising Standards Authority and CAP - standards for online advertising, influencer marketing, and claims substantiation.

Ofcom - online safety regulator under the Online Safety Act for user-to-user and search services.

Nominet - .uk domain registry and dispute resolution service for domain name conflicts.

UK Intellectual Property Office - guidance and registrations for trade marks, designs, and patents.

Scottish Courts and Tribunals Service - information on Sheriff Courts, including Stonehaven Sheriff Court, and Simple Procedure.

Police Scotland Cybercrime resources - guidance on cyber security and fraud prevention for small businesses.

Business Gateway Aberdeenshire - practical support for starting and growing online businesses.

Next Steps

Assess your risk. Map what you sell, where you sell, who your customers are, what personal data you collect, what user features you offer, and which third parties process data or payments. Identify the laws that apply based on your activities.

Close immediate gaps. Prepare or update website terms, privacy and cookie notices, returns and warranty policies, and marketing consents. Implement a compliant cookie banner. Ensure your pricing is transparent and VAT inclusive for consumers.

Strengthen data governance. Record your lawful bases, update processor contracts, implement appropriate safeguards for any international transfers, and prepare subject rights and breach response procedures. If children may use your service, review against the Children’s Code.

Review platforms and user content. If you host reviews or forums, implement notice-and-action workflows and moderation policies. Assess whether the Online Safety Act applies to your service and plan for proportionate compliance.

Fix subscription and renewal journeys. Provide clear disclosures, pre-renewal reminders, and easy cancellations. Audit free trials and promotional pricing to ensure fairness and clarity.

Protect your brand. Register trade marks where appropriate, set up IP and content policies, and prepare template responses for infringement and defamation notices. Review domain portfolio and consider defensive registrations.

Document and train. Keep records of policies, DPIAs, and decisions. Train staff on privacy, security, customer communications, and complaint handling. Test incident response and takedown processes.

Speak to a lawyer. A solicitor experienced in Scottish and UK e-commerce can tailor documents, advise on regulator expectations, and help you implement practical controls. Bring your current terms, policies, data maps, vendor list, and screenshots of key user flows to make the first meeting efficient.

Consider ongoing compliance. Laws are evolving, including the DMCC Act and Online Safety Act. Schedule periodic reviews, subscribe to regulator updates, and refresh your documents and designs when rules or your business model changes.

This guide is for general information only and is not legal advice. Obtain advice on your specific circumstances before taking or refraining from any action.