E-commerce

"Money makes the world go around". All want to do business online but are you protected? Are online contracts valid and enforceable? How to make payments and sign electronic agreements? Are cryptocurrencies legal means of payment? Our lawyers assist e-commerce businesses and consumers on the following electronic commerce issues.

We can help you with
  • electronic and smart contracts
  • electronic payments and cryptocurrencies
  • consumer protection

Electronic Commerce EU Directive, electronic contracts, online contracts, smart contracts, electronic signatures, Electronic Signatures EU directive, encryption technology, electronic payments, online payments, e-money EU Directive, e-money, Payment Service EU Directive, e-payments, Bitcoin, cryptocurrencies, crypto-tokens, Consumer Rights EU Directive, distance and online selling, regulation of spam, online sale and digital content, blockchain
Online contracts
Clever as Gates, Zuckerberg or the Google guys? But the ability to earn revenue in the information society also depends upon the binding legal agreement. We have a solid experience in advising e-commerce clients on the contract formation process when one of the parties is a computer (e-seller).
Smart contracts & blockchain
Agreement in the form of computer code and executable by the code. But who do you trust to write (read: interpret) the contract into the code? How to reduce a complex transaction to a computer code? What if the contract performance is not full though recognisable? Can the technology deal with natural human's ambiguity? Can a court stop the performance of a smart contract? Our lawyers have specific IT education and experience to advise on these new distributive ledger and smart contract technologies.
e-Money & cryptocurrencies
After 20 years of legal existence, and as the result of enhanced EU legislation (EMD II and PSD II), electronic money (e-money) has started a new life - mobile payments as Apple Pay, Google Pay etc. The benefits of e-money are clear to all involved in e-commerce and the money supply chain - its a cheap and simple method of real-world payment.

Can cryptocurrencies be the next development in money form? We've already seen how music, film and photos have become just ones and zeros (10010011), maybe it's about time to experiment with (at least centralized) crypto as alternative to cash? Ironically it seems now that crypto community needs a help from central banks as (decentralized) crypto has actually stopped being a currency and become a speculation vehicle - an asset instead of being alternative money as initially planned.

Consumer protection
Many non EU e-commerce businesses surprised at the fact that they can be sued in any EU national court under any EU national consumer protection law applied if they simply trade (target) with EU-based customers. That's because the consumer is put into unfavourable position from the start when try to shop at distance. And that's especially true when the consumer deals with a trillion-dollar corporation domiciled on another continent.

Experience

Online contracts
We advised a large EU based e-commerce retailer on the principles of online contract formation and their technical implementation, including consumer rights in distance contracts.
Smart contract
We helped a blockchain platform providing the decentralised escrow services and digital mediation as a dispute resolution tool.
Cryptocurrency & law
Over the years we have helped many clients on questions related to the legal position of cryptocurrency (foremost tax implications and securities regulation) in EU and Estonia in particular. Altough not yet any specific legal standing in Estonia and overall in EU, cryptocurrencies, and bitcoin in particular, have attracted the attention of the central banks, the tax authorities, the financial market regulators, and the legislature. Our lawyers contact the authorities and try to get as much clarity on an issue as possible.
Consumer protection
Over the years we have helped many EU consumers on question related to their rights in distance (online) contract, specifically in disputes related to jurisdiction of the claim (ability to raise action in his local court) and the choice of law (ability to apply the local laws).