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E-commerce and Internet Law in Texas covers the legal rules and regulations governing online business activities, electronic transactions, website operations, digital advertising, and data protection. As more businesses move their operations online, understanding the legal obligations and risks that come with digital commerce is essential. Texas businesses must comply with both federal and state laws that affect everything from online contracts to consumer rights and privacy standards. The state has adapted many pre-existing business laws to apply to electronic activities, and Texas courts frequently decide issues at the intersection of technology and law, such as online contracts, intellectual property, and cybersecurity.
Many individuals and business owners find themselves in need of legal advice in the area of E-commerce and Internet Law for several reasons. Common situations where you might need a lawyer include:
Texas has a robust set of laws that apply to E-commerce and Internet activity in addition to federal regulations. Key legal aspects in Texas include:
Both Texas state law and federal laws apply to online sales. In addition to consumer protection laws like the Texas Deceptive Trade Practices Act, online sellers must comply with laws on advertising, sales tax, privacy, and security. Some products may have special regulations.
Yes, most tangible goods sold online to Texas customers require the collection of state sales tax. Recent changes now obligate many out-of-state sellers to collect and remit Texas sales tax if they meet certain thresholds.
Yes. Texas has adopted the Uniform Electronic Transactions Act, which makes most electronic signatures and records legally equivalent to paper contracts and handwritten signatures.
Businesses must use reasonable security practices to protect customer data, notify people in case of certain data breaches, and comply with any sector-specific laws that may apply.
Yes, online-only businesses can be based in Texas. Owners must comply with the same legal requirements as traditional businesses, including proper business formation, state and local licensing, and sales tax collection where applicable.
Privacy policies should disclose what data you collect, how it is used and shared, and the rights users have over their data. You must also comply with any specific rules for children's data or financial and health information.
While ADA enforcement for websites is evolving, courts increasingly require many types of businesses, especially those that provide goods or services to the public, to ensure their websites are accessible to individuals with disabilities.
You may have rights under copyright and trademark law. It is often advisable to send a cease-and-desist letter and, if necessary, pursue legal action. In cases of infringement by websites hosted in the US, a Digital Millennium Copyright Act (DMCA) notice may help remove the content.
Disputes can be resolved through negotiation, mediation, arbitration, or litigation, depending on the terms of your agreements and the circumstances. Courts in Texas have jurisdiction over many types of online commerce disputes involving Texas residents or businesses.
You may need to register your business entity, obtain a sales tax permit from the Texas Comptroller, and check for any additional licensing requirements based on your business activities or products sold.
If you need more information or assistance regarding E-commerce and Internet Law in Texas, consider these resources:
If you are facing a legal challenge or need guidance about any aspect of E-commerce or Internet Law, consider the following steps:
An attorney can work with you on reviewing your website, drafting policies, managing risk, and handling disputes, helping ensure your online presence is legally sound in Texas.
