E-commerce Solicitors

Whether an add-on to your main business or the main part of your business, Briffa helps clients operate in the best way possible. The firm’s business group is experienced in bringing global solutions to bigger operations as well as finding the right way forward for business start-ups.

E-commerce law draws on several areas of law which regulate online commercial activity. These include, intellectual property law, data protection, consumer rights, employment law, marketing laws, taxation, contract law and regulatory regimes.

Technology law

Technology impacts almost everything and every business and is fast moving. In the highly technical area of technology you need technology lawyers who have a firm grasp of the technicalities and experience of working on technology contracts and transactions.

Our experience, expertise and strategic advice includes :-

  • Advising on the buying and selling of technology businesses and the IP issues associated.
  • software licensing
  • hardware and software related agreements
  • IP for technology companies
  • Telecoms
  • IT contracts and law
  • Apps, games and multimedia
  • Agency and distribution agreements for the technology sector
  • Disputes between and/or involving technology businesses

Our technology lawyers operate internationally in order that your business can take full advantage of e-commerce while avoiding the pitfalls that can trap the less planned approach.

An effective E-business strategy is one where there is a good understanding of all these areas and Briffa can apply its know-how to ensure your business is best placed to make its E-commerce a success.

E-commerce Legal Advice and Services

Our specialist team of lawyers deal with all aspects of E-commerce, IT and information law, including:-

IT contracts.;

  • Online selling including terms and conditions of trading;
  • Website and e-marketing compliance;
  • Advice in relation to domain name disputes and cyber squatting;
  • Data protection and freedom of information.
  • Apps
  • Revenue sharing contracts for content – affiliate type agreements
  • Internet related disputes
  • Privacy, hosting, security
  • Interactive media contracts
  • Advice on managing staff as regards email, social media and other electronic and internet communication, internal and external.

Distance Selling Regulations

Amongst other things, the regulations require that online traders selling goods or services to consumers provide certain information about their business, their goods and services, their payment and delivery arrangements and consumers’ right to cancel. Some of this information has to be made available before the contract is concluded; part of it has to be confirmed afterwards.

One important aspect of the Distance Selling Regulations is that (subject to some exceptions, such as customised goods or travel services) consumers are provided with a mandatory “cooling off” period of fourteen days. This right to cancel can be extended if consumers haven’t been given the correct information at the outset.

E-commerce Regulations

The Ecommerce Regulations (full title: The Electronic Commerce (EC Directive) Regulations 2002) are another example of website regulations which emanate from the EU.

Amongst other things, the Ecommerce Regulations require that ecommerce websites make available to buyers certain information such as name, geographic address, contact details, VAT number etc.

In the case of a breach of the Ecommerce Regulations, customers can cancel their orders, seek court orders requiring compliance and sue for damages for breach of statutory duty if they have suffered loss.

Domain Names – Dispute and Litigation

Briffa have developed a Domain Name Dispute team to deal with the ongoing problem of Domain Name hijacking, Domain Name Kiting, Typosquatting and unlawful Domain Name Parking. The management of domain names including their acquisition and use is now a very important part of brand management and must be considered hand in hand with trade mark and brand strategy generally.

The management includes staying abreast of new suffixes as they become available, monitoring of the registration activity of others and active challenges where competitors abuse registrations.

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