E-commerce attorney
Structure your online business, without missteps.
INFLUXIO is a law firm specializing in e-commerce, offering deep expertise. We advise e-commerce players on legally securing their online activity: drafting T&Cs, legal notices, privacy policies, GDPR compliance, customer data management, remote sales governance, returns, and product liability.
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Alexandre Bigot-Joly
Partner
Music law, influence, media, communications & criminal law. Lecturer at CELSA, ISCOM and ESP.
Raphaël Molina
Partner
Intellectual property, business law, criminal law & influencer law. Contributor to the 2023 influencer legislation.
Maria Berrada
Partner
Intellectual property, AI, Web3, GDPR, digital criminal law & eSports. Legal counsel for the French Video Game Federation.
Our services
How we can help you.
Practical examples
Compliance of a B2C marketplace with 500 sellers
A French marketplace needed to comply with the DSA and Omnibus Directive. All T&Cs were reviewed, the illegal content reporting mechanism implemented, and the moderation team trained.
Defense of an e-retailer facing DGCCRF investigation
A dietary supplements website was investigated by DGCCRF for misleading claims. The product pages were restructured and an amicable resolution negotiated without financial penalties.
Client reviews
What our clients say about us.
“Great responsiveness from all team members, with solutions found quickly and efficiently.”
Christ C.
“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
Mia-Line C.
Contact
Contact INFLUXIO.
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We respond within 24 hours.
Insights
Learn more about this area.
What is an e-commerce attorney?
Selling online also means assuming legal responsibilities at every stage: T&Cs, customer data, supplier contracts, platform disputes. The regulatory framework is dense: Consumer Code, LCEN, Consumer Rights Directive (2011/83/EU), DSA (Digital Services Act, Regulation 2022/2065), and DMA (Digital Markets Act, Regulation 2022/1925).
Using an e-commerce attorney legally governs your sales, secures your contractual relationships, and protects your digital content.
- ✓Drafting and securing your T&Cs adapted to your model (B2C, B2B, marketplace)
- ✓Dispute management: customers, platforms, providers
- ✓GDPR compliance (customer data, tracking, newsletters)
- ✓Digital content, visual, and trademark protection
- ✓Risk prevention: Stripe lockouts, CNIL complaints, DGCCRF inspections
What are the main areas covered by an e-commerce attorney?
An e-commerce site involves multiple responsibilities: commercial, contractual, regulatory, and technical. An e-commerce attorney is a legal professional specializing in online commerce legal issues.
They can help you draft or review your terms and conditions (T&Cs), manage intellectual property disputes (such as copyrights or trademarks), ensure personal data protection, and handle other legal aspects specific to online activity.
Recognized e-commerce expertise.
We daily support e-commerce players, from DNVBs to Amazon sellers, platforms, and retail-oriented SaaS.
- Specific T&C drafting (dropshipping, marketplace, subscription…)
- GDPR compliance for sites, conversion funnels, CRM
- Marketing campaign and influencer contract security
- Customer or platform dispute management (Stripe, Shopify, Amazon…)
Personalized approach.
Our support adapts to your size, model, and pace.
- Quick website audit and T&C drafting
- Targeted contract review
- Specific project governance (influence, SaaS, marketplace)
- One-time dispute management or recurring support
Specialized team.
Every INFLUXIO attorney knows current e-commerce models and their constraints: logistics, acquisition, conversion, cross-border, e-reputation…
- Knowledge of platforms, marketing tools, and sector obligations
- Ability to dialogue with founders, CFOs, ops, or growth teams
- Structured, actionable advice adapted to your operational reality
Commercial contracts.
Our e-commerce attorneys draft documents governing relationships between your site and clients, partners, and providers.
- T&Cs, delivery conditions, subscriptions, SaaS contracts
- Logistics providers, payment partners, influencers
- B2B, B2C specifics, fractional payment, international sales
Online advertising.
The e-commerce attorney also secures your marketing actions and commercial collaborations.
- Verification of mandatory legal notices on your campaigns
- Influencer, affiliate, or co-marketing contracts
- Governance of promotions, contests, and product claims
GDPR compliance.
E-commerce activity involves continuous personal data management.
- Analysis of your forms, cookie banners, CRM, newsletters
- Drafting or validation of legal notices, privacy policies, DPA
- Governance of subcontractors (dropshipping, marketing providers…)
Commercial dispute management.
In case of conflict, the attorney manages claims, prepares defense, or initiates action.
- Cease-and-desist, amicable or contentious strategy
- Platform dialogue: Shopify, Amazon, Stripe
- Representation before authorities in case of control or complaint
Legal structure support.
Before launch or during a strategic shift, an e-commerce attorney can intervene to:
- Determine the appropriate structure (micro, SAS, holding, marketplace…)
- Draft articles of incorporation, shareholder agreements, intragroup conventions
- Legally structure a multi-activity or international model
Intellectual property and T&Cs.
An e-commerce attorney helps protect your intangible assets.
- Trademark filing in France, Europe, or internationally
- IP clause integration in your T&Cs
- Reporting and removal of illicit content and e-reputation violations (Amazon, Meta, marketplaces)
Terms, platform compliance and e-commerce taxation.
E-commerce combines consumer law, GDPR, competition law and international taxation. Our firm structures your online activity, audits your terms, supports you on influencer partnerships and accompanies you through DGCCRF, CNIL and tax controls.
Terms and pre-contractual information.
Terms must include the mandatory mentions of Article L.221-5 of the Consumer Code: essential characteristics, all-tax-included price, payment terms, delivery, withdrawal right (standard form), legal guarantees (conformity Art. L.217-3 and hidden defects Art. 1641 Civil Code), consumer mediation. Omission exposes to administrative fines up to €75,000 (individual) or €375,000 (legal entity).
The P2B Regulation and marketplaces.
Regulation (EU) 2019/1150 'Platform to Business' imposes on marketplaces transparency obligations vis-à-vis professional sellers: clear general conditions, justification of suspensions and de-listings (30-day notice), description of main ranking parameters, internal complaint-handling mechanism. The DSA strengthens these obligations with KYBC traceability (Know Your Business Customer).
VAT, OSS and intra-Community distance selling.
Since 1 July 2021, the single threshold of €10,000 excl. VAT per year triggers the application of destination-country VAT for B2C distance sales within the EU. The OSS one-stop shop allows centralized declaration. For goods imported from third countries with a value ≤ €150, the IOSS regime applies.
Customs compliance, the e-commerce VAT package and the DAC7 directive (platform operator declaration) must be anticipated.
What does the Omnibus Directive change for e-commerce?
The Omnibus Directive (2019/2161), transposed into French law and applicable since 28 May 2022, reshaped consumer protection online. Marketplaces must clarify the identity of the seller (professional vs private), the ranking criteria of search results, and the authenticity of consumer reviews. Price reductions must reference the lowest price applied during the 30 days preceding the promotion.
Sanctions reach 4% of annual turnover or €2 million. The DGCCRF actively audits compliance. INFLUXIO advises e-merchants and marketplaces on copy, ranking algorithms, review-moderation policies and promotional campaigns to avoid enforcement actions.
Digital Services Act for online intermediaries.
The DSA (Regulation 2022/2065), fully applicable since 17 February 2024, layers additional duties: notice-and-action mechanisms, statement of reasons for content moderation, trader traceability (KYBC), dark-pattern bans and transparency reports. Very large online platforms face systemic-risk assessments and external audits.
Our firm deploys DSA-ready governance with cybersecurity and GDPR workstreams.
Cross-border disputes and applicable law.
Article 6 of the Rome I Regulation protects consumers by applying the law of their habitual residence when the trader directs activities to that country. Choice-of-court clauses in B2C contracts are heavily restricted. INFLUXIO structures international expansion plans, GTCs and dispute-resolution mechanisms compatible with EU consumer law.
DSA, DMA and consumer protection compliance.
The Digital Services Act (Regulation EU 2022/2065, fully applicable since 17 February 2024) and the Digital Markets Act (Regulation EU 2022/1925, applicable since 2 May 2023) reshape the legal framework of e-commerce in Europe.
Marketplaces, hosting providers and very large online platforms (VLOPs, >45 million EU users) face new obligations on illegal content removal, transparency of recommender systems, advertising registers and risk assessments.
Our firm audits platform compliance, drafts terms of service, ensures alignment with the Consumer Code (Articles L. 121-1 and following), the Distance Selling Regulation, and the Omnibus Directive (transposed by Ordinance of 22 December 2021).
Dark patterns and unfair commercial practices.
Dark patterns (forced consent, false urgency, hidden subscriptions) are sanctioned by the DSA (Article 25), the GDPR (Article 5 fairness principle) and the Consumer Code (Articles L. 121-1 and L. 121-2). The DGCCRF and the European Commission have intensified enforcement since 2023. We audit checkout flows, consent banners and subscription cancellation paths.
Cross-border distance selling and VAT.
The OSS / IOSS regime (since 1 July 2021) simplifies VAT for cross-border B2C sales below €10,000/year. We advise on platform liability (deemed-supplier rules) and structure intra-EU logistics flows compliantly.
Useful glossary in e-commerce law.
- Omnibus Directive
- Directive (EU) 2019/2161, applicable in France since 28 May 2022, strengthening reference-price transparency and consumer-review authenticity.
- DSA
- Digital Services Act (Regulation EU 2022/2065), fully applicable since 17 February 2024, imposing moderation, trader traceability (KYBC) and transparency duties.
- KYBC
- Know Your Business Customer, obligation for marketplaces to identify and verify professional sellers (Article 30 DSA).
FAQ
Frequently asked questions.
E-commerce involves multiple, sometimes underestimated responsibilities: non-compliant T&Cs, vague contracts with providers, unprotected content or trademarks, GDPR non-compliance. A structured legal framework prevents these risks.
Your brand is a strategic asset. On marketplaces, it can be used or diverted without authorization. An e-commerce attorney can assist with trademark filing, protection activation, T&C clause integration, and abuse surveillance.
Dropshipping has advantages but also specific legal obligations: uncontrolled delivery times, inaccurate product descriptions, unstructured supplier relationships. An attorney can structure your documents and strengthen your contractual position.
The LCEN (Law of June 21, 2004) requires identification of the website owner (company name, registered office, contact, RCS number), T&Cs compliant with the Consumer Code, privacy policy, cookie disclosures, and consumer mediation information.
The 14-day withdrawal right (Articles L.221-18 et seq. of the Consumer Code) applies to most distance sales. Refund must occur within 14 days of withdrawal. Certain products are excluded (personalized products, perishable goods, already downloaded digital content).
The Digital Services Act (DSA), fully applicable since February 2024, imposes on marketplaces an obligation to trace professional sellers (Know Your Business Customer), a notice-and-action mechanism for illicit content and products, transparent moderation contracts. Very Large Online Platforms (VLOPs) face enhanced audit and systemic risk assessment obligations.
Consumers have a 14-day withdrawal period from receipt of the goods or conclusion of the service contract (Article L.221-18 of the Consumer Code). Failure to inform of this right extends the period to 12 months. Some contracts are excluded (custom-made goods, sealed goods opened for hygiene reasons, downloaded digital content).
Yes. Article L.612-1 of the Consumer Code requires any professional selling to consumers in France to join a free mediation scheme and to communicate the contact details on its website and in its T&Cs. Failure to join is sanctioned by an administrative fine that may reach €15,000 for a legal entity.
Related publications
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In short
INFLUXIO is a law firm specialized in e-commerce, based in Paris. T&Cs, terms of use, legal notices, dropshipping, marketplaces, GDPR, consumer law, DSA and online merchant compliance.
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