USE CASE · US E-COMMERCE
US Online Shop Legal Check
Anyone setting up a Shopify, D2C or other online shop for US customers cannot simply adopt European e-commerce rules in English. Contract formation, dispatch, returns, advertising, reviews, recurring payments and data protection may be subject to federal and state requirements.
We review online shops prior to their US launch or whilst their US business is already up and running. Matthias Schuhmacher and Raphael Tautz coordinate German-language support and the case-by-case involvement of the appropriate US legal expertise.
The case at a glance
Background
An existing online shop is to be opened up to US customers, or a US business that is already up and running is to undergo a legal review.
Objective
Align the customer journey, legal texts and key shop processes with the US requirements relevant to the business model.
Support
German-speaking contacts check the shop and documentation and, where necessary, liaise with the US team on state-law or specialist issues.
Your situation
From a technical point of view, an online shop can be set up very quickly to accept orders from the USA. Legally, however, this creates a new market. US federal law is supplemented by the contract, consumer and data protection laws of the individual states.
Particular risks often arise when European shop texts or platform templates are adopted without being checked. It is not only the wording of the legal texts that is crucial, but also how products are advertised, terms are incorporated, delivery times are presented and cancellations are actually processed.
Our support
We analyse the actual customer journey, from the product range through to the shopping basket and checkout, right through to order confirmation, delivery, returns and, where applicable, cancellation of a subscription.
The assessment is tailored to your specific business model. You will receive a prioritised list of areas that should be addressed prior to the US launch, as well as topics that will only become relevant as your US business grows or in specific states.
Carry out a detailed check on the US online shop
Please tell us about your e-commerce platform, products, target customers and US sales model. We will then determine which areas require a focused legal review.
Assessing US e-commerce compliance throughout the customer journey
The scope depends on whether goods, digital services or subscriptions are being sold, and in which states customers are located. Typical areas of review include:
Terms and Conditions and Checkout
To integrate the contractual terms and conditions and consent from a technical perspective.
We review the terms and conditions of sale, the ordering process and the way in which customers are made aware of the terms and conditions and agree to them. This includes, amongst other things, the conclusion of contracts, order acceptance, payment terms and dispute resolution.
The legal validity of the terms and their technical integration into the checkout process are considered together.
Shipping, Returns and Warranties
Adapt delivery commitments and customer policies to the US market.
When selling goods, delivery times, delays, returns and warranty statements may have legal implications. The FTC’s ‘Mail, Internet, or Telephone Order Merchandise Rule’, for example, sets out requirements regarding advertised delivery times and how delays should be handled.
We review shipping, returns and refund policies, as well as warranty terms, against the actual fulfilment model.
Advertising, prices and reviews
Assessing the legal status of marketing claims and customer reviews.
Product claims, price and discount information, testimonials and reviews are subject to specific requirements in the USA. Unfair or misleading practices may, in particular, fall under Section 5 of the FTC Act.
We review the key statements and processes relating to the shop and identify areas where additional disclosures or internal rules would be appropriate.
Subscriptions, Privacy and State Law
Identify additional requirements for specific business models.
Automatic renewals, recurring payments or free trials may trigger additional federal and state law requirements. Data protection legislation is also increasingly being regulated at state level.
We start by assessing which additional rules are actually relevant to the specific business model, and then focus in detail only on the areas required for the shop.
Your points of contact
Dr Raphael Tautz and Matthias Schuhmacher are the main German-speaking points of contact. Depending on the business model, the relevant members of the US Business Law, Technology or Litigation practice groups will be involved.
Partner · STEM Practice Group
Your contact in Munich
Partner · STEM Practice Group
Your contact in Munich
Frequently Asked Questions
From a technical point of view, the answer is often yes. From a legal perspective, however, the terms and conditions, checkout, dispatch, returns, marketing and, where applicable, subscription or state law issues should be reviewed in advance.
Not necessarily. In principle, a European company can sell directly to US customers. Whether it makes sense to set up a US company depends on the broader business, liability and tax structure.
For standard online purchases, there is no general right of withdrawal at federal level based on the European model. State law, specific product categories and a retailer’s own return policies may nevertheless give rise to certain requirements.
Not automatically. US data protection law follows a different system and is shaped in many areas by state laws. Its applicability should be assessed on the basis of the specific business model.
Yes. We can review the existing shop and the actual customer journey and use this to identify specific priorities for terms and conditions, checkout and other compliance issues.
Further information
US Terms and Conditions for Online Shops
Terms and conditions of sale, checkout, warranties and dispute resolution under US law.
Subscription and Auto-Renewal Compliance
Check for automatic renewals and recurring payments in the USA.
US Business Law
Support in German for other US business matters.
Primary sources / Legal basis
Selection of primary and original sources particularly relevant to this use case:
- Federal Trade Commission Act, 15 U.S.C. §§ 41–58 – the FTC’s primary legislation; Section 5 covers, amongst other things, unfair or deceptive acts or practices.
- Rule on Mail, Internet or Telephone Orders, 16 C.F.R. Part 435 – FTC rule on delivery promises, delays and refunds for goods ordered online.
- E-SIGN Act, 15 U.S.C. § 7001 – Federal legislation on the legal recognition of electronic contracts, signatures and records.
- Consumer Reviews and Testimonials Rule, 16 C.F.R. Part 465 – FTC rule on certain unfair or misleading practices relating to reviews and testimonials.
German 
English (United States) 
English (UK)