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E-Commerce Laws Affecting Online Businesses

E-Commerce Laws Affecting Online Businesses

If you have an online business, you need to comply with the general corporate laws and local and international laws applicable to your business. Additionally, you need to comply with digital specific provisions around web accessibility, data privacy, and electronic payment processing that may be applicable to your online store.

Taxes and Sales Taxes

Forty-five states and Washington D.C. impose statewide sales tax. However, different cities, counties, and special taxing districts may also add local sales tax rates on top of statewide taxation. Failure to properly calculate and collect the right sales tax amount can put a dent in your profit margin.

Import Duties and Taxes

If you import products from foreign-based suppliers valued in excess of a certain threshold, your imports may be subject to customer duties. Also, other tariffs and taxes may apply if you regularly ship products in larger quantities..

Payment Gateways

Payment gateways are the lifeline for securely processing customer payments. The key word here is “security” as a payment data breach can lead to a major regulation fine. Not to mention it could result in indirect losses associated with damage to your brand image. Make sure your payment gateway is federally compliant.

PCI Compliance

Payment Card Industry (PCI) and Data Security Standard (DSS) sets unified standards for securely processing card transactions and brings all industry practices to the same level of compliance. Being PCI compliant does not just mean providing a secure, encrypted checkout experience, you will also need to avoid storing any purchasing information on paper or via recording.

Age Restrictions

Anytime you launch a website, it is absolutely required that it comply with the Children’s Online Privacy Protection Act (COPPA). One restriction that will apply to your site is the inability to collect any personal information from a child under the age of 13.

Customer Privacy

E-commerce websites can collect valuable insight to create a data-driven experience for shoppers. Data privacy laws around the world prohibit merchants from using customers’ personal identifiable information (PII) for analytics purposes. This includes full names, addresses, social security numbers and debit and credit card details.

While PII regulations focus broadly on how organizations handle an individual’s personal data, Cookie Laws address the specific technology of storing information on a user’s device. The U.S. does not have overarching federal law regulating cookies. Many states, however, have data privacy laws that cover cookies when they are used to collect personal information. California, for instance, requires transparency about data collection and gives customers the right to opt out of the sale of their personal information, which can include data collected via cookies.

  • Websites should provide a clear and accessible link to a detailed privacy policy that includes information on cookie usage.

Website Accessibility

Digital accessibility improves usability, expands your audience reach, and shows that your business values inclusivity. Inaccessible websites can lead to discrimination lawsuits.

According to Title III of the ADA, all “places of public accommodation” must make reasonable efforts to accommodate people with disabilities. Courts and the DOJ interpret the ADA to include websites as “places of public accommodation” that affect commerce. While the ADA does not provide specific technical standards for websites, the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is the widely accepted framework for conformance. (These guidelines are not mandated by the ADA but are recommended as best practices.)

Pre-built website tools can be utilized to improve website accessibility to conform to most of the ADA and WCAG guidelines, thus showing reasonable efforts to accommodate disabled people. But for absolute, 100% conformance to WCAG guidelines, an accessibility expert can perform a thorough accessibility audit and help you strictly conform to WCAG standards.

If you need help determining if your corporation is compliant with these and other online regulations, we can help.

Disclaimer: This information is made available by Bagla Law Firm, APC for educational purposes only as well as to give you general information and a general understanding of the law, and not to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.