Legal services for businesses – law and taxes in e-commerce
Legal services for businesses – law and taxes in e-commerce
The e-commerce industry is growing rapidly, and with this growth comes numerous legal and tax challenges that can be crucial to the stability and security of a business. We offer comprehensive legal and tax support for sole proprietorships (SMEs) and companies operating in the e-commerce sector.
Our services include comprehensive e-commerce legal support, from drafting documentation and contracts to representing you before courts and authorities. Our experience ensures the safe operation of your business, regulatory compliance, and the optimization of legal and tax risks.
Our comprehensive services cover areas such as:
1. Creating and reviewing contracts
We provide comprehensive support in the drafting, analysis, and negotiation of contracts related to e-commerce business operations. Properly constructed contracts minimize legal risk, protect business interests, and help avoid future disputes.
✔ preparation and analysis of civil law contracts with suppliers, business partners and subcontractors
✔ preparation of employment contracts, B2B contracts, contracts for specific work and contracts of mandate tailored to the specific nature of the business
✔ verification of licensing agreements, franchise agreements, influencer agreements, and copyright and intellectual property agreements
✔ negotiating and adapting contractual clauses to protect the entrepreneur's interests
2. Consumer law and regulations of online stores
We support e-commerce businesses in protecting consumer rights and ensuring their operations comply with applicable legal regulations. We assist in creating and implementing documentation, optimizing complaint procedures, and assessing the compliance of marketing and sales activities with applicable regulations.
✔ analysis of e-commerce activities in terms of compliance with the Consumer Rights Act, the Civil Code and EU regulations on e-commerce
✔ support in adapting sales processes to the Omnibus Directive (e.g. correct presentation of price reductions)
✔ advice on the seller's information obligations, including correct information on prices, delivery costs, order processing times and return conditions
✔ protection against unfair consumer practices – analysis of the procedures used in terms of their compliance with regulations and elimination of legal risks
✔ assistance in matters related to complaints, returns and consumer withdrawal from the contract
3. Representation before courts and authorities
We offer comprehensive legal services in representing e-commerce businesses before courts and administrative bodies. We handle civil, commercial, administrative, and criminal proceedings, ensuring effective protection of our clients' interests.
✔ conducting court disputes with clients, contractors and employees
✔ representation before supervisory authorities such as the Office of Competition and Consumer Protection (UOKiK), GIODO (Inspector General for Personal Data Protection), KAS (National Tax Administration), PIH (State Trade Inspection)
✔ submitting complaints, applications and appeals against administrative decisions
✔ representation in matters related to unfair competition and violations of consumer rights
4. Corporate law – registration and management of companies
We offer comprehensive legal services in corporate law, both for sole proprietorships (SMEs) and commercial companies. Our services include assistance in establishing a business, ongoing support, and strategic advice regarding ownership and tax structure.
Establishing, registering and transforming a business
✔ advice on choosing the optimal legal form of running a business (self-employed person, civil partnership, commercial law companies – limited liability company, joint-stock company, limited partnership, general partnership, etc.)
✔ preparation of registration documentation and assistance in registering the company in the National Court Register (KRS)
✔ preparation of company agreements, statutes and other required documents.
✔ handling business transformations, e.g. transition from a sole proprietorship to a limited liability company, transformation of partnerships into limited liability companies and vice versa
✔ registration of changes in CEIDG and KRS, including changes to the entity's data, registered office, subject of activity, management bodies, etc.
✔ preparation of resolutions, internal regulations and corporate procedures
Ongoing corporate services and changes in companies
✔ handling changes in the National Court Register – change of management board, registered office, share capital, partners, subject of activity of the Polish Classification of Business Activities, etc.
✔ preparing resolutions for shareholders’ meetings and meetings of the management board and supervisory board.
✔ preparing and reviewing corporate documentation (including contracts, statutes, regulations, minutes, powers of attorney)
✔ advice on relations between shareholders, management board members and other company bodies
✔ preparation of shareholder agreements and documentation regulating the division of responsibilities within the company
✔ conducting processes of increasing and decreasing the share capital
✔ company liquidation – consulting and conducting the liquidation process, preparing the required documentation, reporting to the National Court Register
✔ advice on business succession, share sales and company acquisitions (M&A)
5. Debt collection
We provide comprehensive legal services for debt collection from clients and contractors, offering effective solutions both at the amicable debt collection stage and in court and enforcement proceedings. Our efforts are aimed at quickly and effectively recovering funds, minimizing the risk of lengthy and costly proceedings.
✔ recovery of receivables resulting from unpaid invoices, commercial contracts, civil law contracts and other financial obligations
✔ debt collection from individual clients and companies, including foreign entities.
✔ payment monitoring and risk analysis of contractors' payment delays
✔ pursuing claims for contractual penalties, non-performance or improper performance of the contract
6. Personal data protection (GDPR)
Running an e-commerce business involves processing customer personal data, which imposes obligations on businesses under the General Data Protection Regulation (GDPR). We offer comprehensive legal services in the field of personal data protection, helping companies meet legal requirements, implement appropriate procedures, and effectively protect themselves against potential sanctions.
✔ e-commerce compliance audit with GDPR regulations
✔ implementation of the required documentation and procedures related to the processing of customer data
✔ representation in the event of inspections and proceedings concerning GDPR violations
7. Marketing and Advertising Law
Marketing and advertising in the e-commerce industry require compliance with numerous regulations concerning consumer protection, competition, and fair advertising. We offer comprehensive advice on the legality of marketing activities, collaboration with influencers, and protection against allegations of unfair market practices.
✔ assessing the legality of advertising activities, including marketing campaigns, collaborations with influencers and promotional campaigns
✔ preparation of cooperation agreements with influencers and advertising agencies
✔ protection against allegations of unfair market practices
✔ assistance in ensuring compliance of marketing activities with consumer protection and competition regulations
8. Intellectual Property Law and Brand Protection
Intellectual property is a key element of e-commerce, especially when it comes to protecting brands, trademarks, digital content, and products. We offer comprehensive legal support in trademark registration, copyright protection, licensing, and infringement redress.
✔ advice on trademark protection strategies – analysis of whether a given trademark can be effectively registered
✔ trademark registration at the Patent Office of the Republic of Poland (UPRP) – protection in Poland
✔ trademark registration with the EUIPO – protection in the European Union
✔ international registration with WIPO (World Intellectual Property Organization) – trademark protection in selected countries around the world
✔ defending against oppositions and conducting proceedings concerning invalidation of competitors' trademarks
✔ extending trademark protection and monitoring possible infringements
✔ Copyright protection, licensing and intellectual property agreements
✔ pursuing claims for trademark and copyright infringements
✔ legal services related to brand protection and sales on marketplace platforms (e.g. Allegro, Amazon, eBay)
Tax law for e-commerce
The e-commerce industry is subject to specific tax regulations, both in Poland and internationally. The complexity of regulations regarding VAT, CIT, PIT, international settlements, and the differences in tax treatment across various business models means that e-commerce entrepreneurs must pay particular attention to tax compliance and tax optimization opportunities. We offer comprehensive e-commerce tax services, tailored to the specifics of online sales and diverse business models—from B2C retail to B2B wholesale.
1. Tax consultancy for e-commerce
The dynamic growth of the e-commerce sector poses numerous tax challenges, both domestically and internationally. We offer comprehensive tax advice for entrepreneurs selling online, taking into account the specifics of various business models.
✔ analysis of e-commerce entrepreneurs' tax obligations in the context of the sales model, turnover and business structure
✔ support in the settlement of VAT, CIT, PIT and other taxes related to business activity)
✔ tax optimization in business models such as dropshipping, fulfillment, and sales on marketplaces (Amazon, Allegro, eBay, Etsy)
2. Settlement of international transactions
International e-commerce sales involve numerous tax, customs, and fiscal obligations that can impact business profitability. We offer comprehensive tax settlement services for international transactions, helping businesses avoid double taxation, comply with VAT obligations, and optimize their tax structures across countries.
✔ VAT OSS (One Stop Shop) – registration and settlement under the simplified VAT system for sales to consumers (B2C) in the EU
✔ VAT IOSS (Import One Stop Shop) – simplified VAT settlement for shipments worth up to EUR 150 imported from outside the EU
✔ VAT settlements in various EU and non-EU countries, including obligations related to exceeding sales thresholds
✔ withholding tax (WHT) in international transactions – identifying tax obligations and minimizing the risk of double taxation
✔ avoidance of double taxation – advice on international agreements and tax interpretations
✔ customs and VAT settlements upon import – tax obligations related to deliveries from outside the EU, including VAT registration in other countries
3. VAT CSS (Centralized Clearance System) – the future of VAT settlements in the EU
The European Union is striving to simplify and harmonize the VAT settlement system for e-commerce by introducing the VAT CSS (Centralized Clearance System). This system is intended to replace the current VAT OSS and IOSS mechanisms, centralizing registration obligations and simplifying tax settlements for sellers operating cross-border within the EU. Its implementation will have a crucial impact on e-commerce businesses, particularly those selling goods and services in EU markets, using warehouses in different countries, and operating on marketplace platforms (Amazon, Allegro, eBay, Etsy).
✔ analysis of the impact of VAT CSS on e-commerce activities – assessment of how the system change will affect the company's registration and tax obligations
✔ advice on the new VAT CSS registration procedure – how to switch from VAT OSS/IOSS to VAT CSS and whether it will be necessary for your company
✔ assessment of the benefits and risks associated with the new VAT system – simplifications in settlements, but also new reporting requirements
✔ adapting the international sales strategy – optimizing tax obligations in the context of new regulations
4. Handling tax audits and disputes with tax offices
Running an e-commerce business requires compliance with complex tax regulations, both domestically and internationally. In the event of a tax audit or a dispute with the tax office, we provide comprehensive legal and tax support, assisting with documentation preparation, representation before tax authorities, and defense against sanctions.
✔ representation in tax proceedings – support during tax audits, verification activities and explanatory proceedings
✔ assistance in contacts with the National Tax Administration (KAS), the Tax Office, the Tax Chamber and tax authorities in other EU countries
✔ support for e-commerce companies selling internationally, including obligations related to VAT OSS, VAT IOSS and withholding tax (WHT).
✔ defense against allegations of incorrect VAT and CIT calculation, including those arising from international transactions, dropshipping and marketplace sales
✔ negotiations with tax offices to obtain favorable decisions and amicable resolution of tax disputes
5. Tax Nexus in E-Commerce
International sales, particularly in the US, may require tax registration in various states. Tax nexus arises when a company exceeds a certain sales threshold (economic nexus) or has a physical presence, such as a warehouse or representative office (physical nexus). Our law firm assists with identifying tax obligations, registration, and settlement to avoid the risk of arrears and penalties.
If you run an e-commerce business and are looking for comprehensive legal and tax support, our team of experts is at your service. We offer professional advice and comprehensive legal and tax services tailored to the specific needs of online sales. Whether you need assistance with contracts, consumer law, ongoing corporate services, personal data protection, intellectual property, tax settlements, or representation before courts and administrative bodies, we provide effective solutions and the security of your business.
Contact us to schedule a consultation and learn how we can help optimize and protect your e-commerce business.