Best E-commerce & Internet Law Lawyers in Viby

About E-commerce & Internet Law in Viby, Denmark

E-commerce and internet law covers the rules that apply to doing business online, handling personal data, advertising digitally, selling to consumers, and managing liability for content and digital services. If you run an online shop, marketplace, app or other internet service in Viby - a district of Aarhus Municipality - you must follow Danish national law and relevant European Union rules. Key areas include consumer protection, data protection (GDPR), online contract rules, electronic commerce rules, marketing standards and taxation. Local businesses in Viby operate under the same legal framework as the rest of Denmark, and local authorities and national agencies enforce these rules.

Why You May Need a Lawyer

Legal advice can help you prevent problems, limit liability and resolve disputes efficiently. Common situations where a lawyer is useful include:

- Drafting and reviewing terms and conditions, privacy policies and cookie policies to meet Danish and EU requirements.

- Advising on GDPR compliance - including data processing agreements, records of processing activities and breach response plans.

- Handling consumer disputes about refunds, returns, faulty goods or delivery problems.

- Advising on VAT and cross-border sales rules, including One-Stop-Shop schemes and import VAT procedures.

- Responding to enforcement actions or investigations from national authorities - for example the Danish Consumer Ombudsman or the Data Protection Authority.

- Managing intellectual property issues - copyright, trademarks, domain disputes and takedown notices.

- Negotiating commercial contracts with suppliers, marketplaces and payment providers.

- Representing you in litigation, arbitration or alternative dispute resolution proceedings.

- Advising on liability for user-generated content and intermediary liability rules under the Danish E-commerce Act.

Local Laws Overview

This section summarizes the main legal rules relevant to e-commerce and internet services in Viby and Denmark.

- E-commerce Act (E-handelsloven): Implements the EU E-commerce Directive and sets rules for online business information requirements, commercial communications, liability for hosting intermediaries and procedures for notice-and-takedown.

- Consumer Contracts Act and Distance Selling Rules (Forbrugeraftaleloven and Forbrugerkøbeloven): Require clear pre-contract information for distance and online sales, give consumers a 14-day right of withdrawal in most cases and set rules on delivery, defects and remedies.

- Marketing Practices Act (Markedsføringsloven): Controls online advertising, comparative advertising, discounts and unfair commercial practices. The Danish Consumer Ombudsman enforces these rules.

- GDPR and Danish Data Protection Act (Databeskyttelsesloven): Set strict rules for processing personal data, data subject rights, data breach reporting - including obligations to notify the supervisory authority and affected individuals in certain cases.

- Electronic Signature Act and rules on electronic contracts: Allow the use of electronic signatures and set requirements for forming online contracts and providing confirmation.

- Payment Services and PSD2 (Betalingstjenesteloven and EU rules): Regulate online payment services, require strong customer authentication for many transactions and set rules for payment service providers.

- VAT and Customs Rules (Moms og told): Online sellers must comply with VAT rules for domestic and cross-border sales. Since 2021 EU rules changed - distance selling thresholds were replaced and the OSS and IOSS schemes were introduced. For imports, customs rules and import VAT apply.

- Product Liability and Sale of Goods Laws (Produktansvarsloven, Købeloven, Forbrugerkøbeloven): Set liability for defective products and rules for consumer and business sales.

- Intellectual Property Laws (Ophavsretsloven and trademark law): Protect creative works and brands. Online platforms must take action on infringing content when notified.

- Local enforcement and dispute resolution: Forbrugerklagenævnet handles consumer complaints, Forbrugerombudsmanden enforces marketing and advertising rules, Datainspektionen - Datatilsynet - enforces data protection, and Skattestyrelsen enforces tax and VAT obligations.

Frequently Asked Questions

What must I include on my online shop to be legally compliant?

You should provide clear business identification - company name, CVR number, physical address, email and phone - plus terms and conditions, prices including VAT, delivery costs and delivery time estimates. For distance contracts include the right of withdrawal information, cancellation form and complaint procedures. Cookie and privacy notices must explain data processing and give options for consent where required.

How long do consumers have to cancel an online purchase?

Consumers usually have a 14-day right of withdrawal for distance contracts starting from receipt of the goods or conclusion of the service contract. There are exceptions - for example custom-made goods, sealed items that are unsuitable for return for health reasons and digital content supplied immediately with consent may be excluded. You should give clear instructions on how to exercise the right.

What do I need to do to comply with GDPR?

Start with mapping what personal data you process and why. Implement lawful grounds for processing, provide clear privacy notices, secure processing and storage, sign data processing agreements with suppliers, and keep records of processing activities if required. Put in place procedures for responding to data subject requests and a breach response plan to notify Datatilsynet in serious cases within 72 hours when feasible.

Can I use customer reviews and user-generated content on my site?

Yes, but you must manage reviews to avoid false or misleading statements and respect intellectual property and privacy. If you moderate or remove content, be transparent about moderation policies. If reviews contain personal data, process them according to GDPR. The Marketing Practices Act also prohibits misleading endorsements.

How do I handle cookies and tracking technologies?

You need consent for non-essential cookies and trackers that profile users or collect personal data for marketing. Present users with a clear cookie banner that allows informed consent and gives an easy option to refuse or withdraw consent. Essential cookies necessary for basic function do not require consent but must be documented.

What are the VAT rules for selling across the EU from Denmark?

Since 2021 the EU introduced a 10 000 EUR threshold for total cross-border sales in the EU. Sellers below that limit may apply domestic VAT rules, while above it you must use the One-Stop-Shop (OSS) to report and pay VAT in buyer member states. For imports, consider the IOSS and customs declarations for distance sales of goods from outside the EU.

Who enforces e-commerce rules and where do complaints go?

Data protection issues are handled by Datatilsynet. Consumer advertising and marketing are enforced by the Consumer Ombudsman and the Danish Competition and Consumer Authority. Consumer disputes can be brought to Forbrugerklagenævnet. Tax and VAT matters are handled by Skattestyrelsen. Enforcement may result in warnings, orders to change practices or fines.

What should I do after a data breach?

Act quickly - contain the breach, document what happened, assess the risk to individuals and notify Datatilsynet within 72 hours if there is a risk to rights and freedoms. If likely to result in a high risk to individuals, inform the affected persons without undue delay. Keep internal records of the breach and remedial steps taken.

Can I be held liable for content posted by users on my platform?

Under E-commerce Act rules that mirror the EU E-commerce Directive, hosting providers may benefit from limited liability if they do not have actual knowledge of illegal content and act promptly to remove it once notified. However, if the platform exercises control over content or is aware of illegal activity and fails to act, liability may arise. Legal advice on notice-and-takedown procedures and moderation policies is recommended.

How do I find a specialist lawyer in Viby or Aarhus?

Look for lawyers or law firms with specific experience in e-commerce, data protection and consumer law. Check professional credentials with the Danish Bar and Law Society (Advokatsamfundet) and seek references or case studies. Ask about experience with GDPR audits, consumer disputes and cross-border issues. Consider an initial fixed-fee consultation to scope your needs.

Additional Resources

Below are Danish authorities and organizations that provide guidance, enforcement or business support relevant to e-commerce and internet law:

- Datatilsynet - Danish Data Protection Agency - oversees GDPR compliance and guidance on data breaches and privacy.

- Forbrugerombudsmanden - Danish Consumer Ombudsman - enforces marketing and consumer protection rules.

- Forbrugerklagenævnet - Consumer Complaints Board - handles consumer dispute resolution for many online purchase issues.

- Skattestyrelsen - Danish Tax Agency - advice and enforcement on VAT, registration and customs rules.

- Erhvervsstyrelsen - Danish Business Authority - company registration, business rules and guidance for entrepreneurs.

- Patent- og Varemærkestyrelsen - Danish Patent and Trademark Office - for IP registration and related guidance.

- Konkurrence- og Forbrugerstyrelsen - Competition and Consumer Authority - enforcement and guidance on unfair commercial practices and competition rules.

- Advokatsamfundet - The Danish Bar and Law Society - for finding regulated lawyers and guidance on legal fees and professional conduct.

- European Consumer Centre Denmark - for cross-border consumer disputes within the EU.

- Local business support in Aarhus Municipality - local guidance and startup assistance for businesses located in Viby and the wider Aarhus area.

Next Steps

If you need legal assistance with e-commerce or internet law issues in Viby, follow these practical steps:

- Assemble key documents: website terms and policies, contracts with suppliers and payment providers, VAT registrations, privacy notices, records of processing activities and any communications with customers or authorities.

- Run a basic compliance checklist: check that mandatory business information is visible on your site, that terms and cancellation rights are clear, that a privacy and cookie policy exist and that secure payment and delivery practices are in place.

- Prioritize urgent risks: data breaches, consumer complaints with pending deadlines, enforcement actions or legal threats. Address these first and document your remedial steps.

- Contact a specialist lawyer: choose someone with experience in e-commerce, GDPR and consumer law. Prepare a short briefing note and identify desired outcomes - compliance review, dispute resolution or drafting of contracts and policies.

- Ask about fees and scope upfront: request an engagement letter that sets the scope, deliverables, fees and timelines. Consider fixed-fee options for defined tasks such as policy drafting or audits.

- Consider alternative dispute resolution: mediation or complaints to Forbrugerklagenævnet can be faster and cheaper than court litigation for consumer disputes.

- Keep records: maintain logs of customer complaints, consent records for cookies and data processing, and actions taken after incidents. These records are often required by authorities and useful in disputes.

- Review periodically: laws and EU rules change - schedule regular legal reviews to keep terms, privacy practices and VAT compliance up to date.

If you are unsure where to start, a focused initial consultation with a lawyer will identify the main legal risks and propose a practical plan - from a simple compliance checklist to full legal representation if needed.