Not sure how the law relates to online stores? Talk to an e-commerce lawyer.

What is e-commerce ?

E-commerce is the activity of buying or selling products or services online. E-commerce businesses can be large (e.g. Amazon) or small (e.g. local artists). Brick and mortar stores can also engage in e-commerce (e.g. a yoga studio with online booking and payment). 

What is e-commerce Law?

As an online business, there are many rules regarding importation, customs, counterfeiting, and intellectual property. These laws are both to protect you, your business, and the customers you sell to. Two of the most common threats in the e-commerce industry are data privacy and fraud.

Can I ship my products outside of Canada?

Maybe. There many things to consider when shipping abroad, including the risk of fraud and collecting tax. The products you sell may also be subject to search by border services. You may need to create or expand your Terms of Service and Privacy Policy before starting. As a general rule, it is a good idea to consult with an e-commerce lawyer before you start selling abroad.

Should I be wary of my intellectual property rights when selling online? 

Yes. The e-commerce industry is full of companies selling knock-offs from established brands. They can copy products using online photos and descriptions. They may even offer lower prices and undercut your business. Fortunately, brands can be protected relatively easily through trademarks, copyright, and patents. 

Do I need a Terms of Service Agreement?

Yes, when you are running an e-commerce business, chances are you have a website.  A Terms of Service agreement establishes the legal relationship between your business and the people who visit your website or use your app. They can be relatively simple or extremely complex, depending on the nature of your business and the relationship with users. Some E-commerce platforms have this embedded on their sites, but having a lawyer craft an agreement can be useful if your needs are unique or your site is processing lots of transactions.

Do I need a Privacy Policy?

Privacy Policies are required by law for most websites. They outline how personal data is collected, stored, and used by the website or app. Privacy Policies are becoming increasingly important as the general public becomes more conscious of their personal data, and government regulations get more strict. Some E-commerce platforms have this embedded on their sites, but having a lawyer craft a policy, can be useful if your website handles lots of private data. 

As an e-commerce business, can I incorporate? 

Yes, of course! Though it isn’t necessary to do so, incorporating your business can give you more access to investment and financing, reduce your tax burden, and limit your personal liability. Find out how to incorporate and whether or not it is right for you. 

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