Are You Planning on Opening a New E-Commerce Website?

There is much you need to know as you begin your new business. Further, your web site will need legal policies. I suggest you do not attempt to write your own legal policies. This is not where your training and background lie, and though you are probably as smart as an attorney, you do not have their experience.

Further, by teaming up with me from the get go will allow me to provide you with advice and resources to save you money and limit your liability as you begin to build your web site.

Below is a checklist for legal issues I use for new e-commerce clients:

1. Business Model – Is your idea viable as a web based business? You should write out a short summary of your plans.
2. Business entity – Are you going to be a C corp, a sub-S, an LLC or a sole proprietorship?
3. Terms of Service – This is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future.
4. Privacy Policy – Every e-commerce site needs a privacy policy!  This is where I limit your liability for a data breach.
5. FTC guidelines – The FTC has been regulating business advertising for almost a century. All of their advertising guidelines apply to e-commerce sites.
6. Domain Name issues? Is your name available. Can you create a Trademark?
7. Trademark – Do you have a brand name free from conflict? Should you start with just common law rights? Should you register the mark, and when?
8. Copyright – If it is on the web, it already belongs to somebody. Did you buy a license for the pictures and images you are going to use on your site?
9. Do you need a DMCA policy?
10. Web Site security issues?
11. Do you need and have an EIN? You can get that for free.
12. Do you need an arbitration clause?
13. Do you have employees? – If so you need written policies regarding their authority and use of the internet.
14. Do you know the difference between a “browser wrap” and a “click wrap” and which do you need?
15. Are you abiding by the Child’s Online Privacy Protection Act (COPPA) rules?