Do I need general terms for my webshop?

Terms are not required by law, but they are sensible. They set out the conditions under which you sell and protect you if something goes wrong with a delivery, a payment or a return. Without your own terms you fall back on the statutory rules, and those often work out less favourably for a seller.

Is an agreement concluded online legally valid?

An online agreement is legally valid. Even so, there are requirements as to how it comes about, certainly when selling to consumers. A click-to-agree on unclear terms can be challenged. We advise you on how to set up your ordering process so that an agreement concluded online holds up as well.

Does a customer always have fourteen days to change their mind?

Usually, but not always. With distance selling, consumers in principle have a right of withdrawal of fourteen days. Work made specially to order falls outside it, for example, as do digital products the buyer receives immediately after giving express consent. Record this properly in your terms. If you do not, the cooling-off period may apply after all.

What am I selling when I offer my work digitally?

With a digital product you usually sell a right of use, not a full assignment of copyright. The buyer may use the work within the limits you set, but does not become the rights holder. That distinction is best recorded expressly, so that it is clear what is and is not allowed.

Does my webshop have to comply with the GDPR?

Yes. As soon as you process customer data such as names, addresses and payment details, the GDPR rules apply. You must have a valid legal basis, collect no more data than necessary and be clear about what you do with it. You can read what that involves on our page about data protection .

I also sell through a platform. What should I look out for?

When you sell through a platform, that platform’s terms apply alongside your own arrangements with the buyer. Pay attention to the provisions on liability, on costs and, certainly with creative work, on what the platform may do with your content and your rights. We are happy to assess those terms before you agree to them.

May I choose Dutch law in my terms if I sell abroad?

You may make a choice of law, but it has limits. If you sell to consumers in other EU countries, you cannot deprive them of the mandatory protection they enjoy in their own country. We advise you on how to handle this if you sell internationally.

I send a newsletter to my fans. Do I need consent for that?

Yes. For commercial email to private individuals you need prior consent, unless someone is already a customer and you are emailing about similar products. You must always offer a clear way to unsubscribe. We help you bring your mailing practice into line with the rules, so that you can keep reaching your audience without risking a complaint to the Netherlands Authority for Consumers and Markets.

Practice areas

E-commerce law

More and more creators sell their work directly. A musician offering merchandise and vinyl through their own webshop, an illustrator with a print-on-demand store, a publisher delivering straight to readers, a designer with their own label, a gallery selling art online. Selling over the internet gives you a grip on your audience and your margin, and it brings legal ground rules with it.

Liaise advises creative entrepreneurs on the legal side of selling online. We know the creative and media industry and understand what is at play when your work, your rights and your customer relationships come together online.

Do you need legal advice straight away? Call 020 675 88 21.

What e-commerce law is about

E-commerce law is about the rules that apply as soon as you do business online. The law of obligations determines how your terms and conditions and your contracts work, consumer law protects your buyers as soon as they order from you at a distance (article 6:230g and following of Book 6 of the Dutch Civil Code, the Burgerlijk Wetboek, where the Netherlands worked out European Directive 2011/83/EU on consumer rights), privacy law sets requirements for the data you process, and advertising law governs how you may present your offer. If you sell creative work, copyright also plays a role: the question of what a buyer is actually buying is rarely self-evident.

What we help you with

General terms and conditions for your webshop.
Your terms and conditions set out the basis on which you sell, from delivery and payment to liability and what happens when an order is not what the buyer was entitled to expect (article 7:17 of the Civil Code). We draw up terms and conditions that fit what you sell and that hold up if it comes to a dispute. Digital products such as a music download, an e-book or an online course raise their own issues, and we build those in.

Electronic contracting.
Online, contracts are formed differently than on paper. When is a click-to-agree valid, and what is the evidential value of a digital signature or an email confirmation? We advise on how to set up your ordering process and your contract documentation, so that a contract concluded online holds up if a question about it arises later.

Distance selling and the right of withdrawal.
In distance selling, buyers in principle have fourteen days to change their mind (article 6:230o), but exceptions apply to certain products. A made-to-order work falls under those rules differently than a physical product from stock, and a digital product delivered immediately differently again. We help you work out which rules apply to your offer and how to reflect that correctly in your terms and conditions and in your sales process.

Information obligations and transparency.
The law prescribes what information you must give a consumer in advance, from the price and the delivery to your identity as the seller and the right of withdrawal (article 6:230m). We make sure your webshop meets those obligations, so that a buyer cannot unwind the purchase afterwards and you do not risk a fine.

Copyright and your own work.
When a physical artwork is sold, ownership passes, but the copyright stays with the author unless you expressly agree otherwise. With digital products you usually sell a right of use, not a full assignment. We set that out clearly, so that you keep your rights and your buyer knows where they stand. See also copyright, assigning copyright and the licence agreement.

Platforms, marketplaces and intermediaries.
If you also sell through a platform or marketplace, that platform’s terms and conditions apply, and they are not always in your favour. For the platforms themselves, the Digital Services Act has applied in full since 17 February 2024, Regulation (EU) 2022/2065, with its own obligations about their terms and about the way they handle notices concerning what is offered through them. We assess what you sign, where you stand on liability and what happens to your rights. The same goes for creators who work with affiliates, agents or distributors: the arrangements with those parties determine how your work reaches the market and who profits financially from it.

Direct marketing and your audience.
Building a mailing list or newsletter calls for consent, a clear way to unsubscribe and clarity about what someone signed up for. We help you set up your communications so that you can keep reaching your audience without risking a complaint or enforcement action.

Cross-media revenue models.
A musician sells vinyl, streams and sync licences. An author sells books, e-books and lectures. A designer sells products as well as licences to their work. That combination of channels calls for terms and conditions and contracts that align with one another. We advise on the structure of your revenue model and make sure your rights are properly arranged in every channel.

Selling across borders.
If you sell to buyers in other EU countries, you cannot always rely on Dutch law. A consumer often keeps the protection of their own country, even if you have agreed otherwise in your terms and conditions. There are also rules on serving foreign customers and on VAT in cross-border sales. We help you set up your terms and conditions and your sales process so that they hold up across borders too.

Privacy and customer data.
A webshop processes customer data, and the rules of the GDPR apply to that. For setting this up, from legal bases and retention periods to a data breach, we work together with our privacy practice. See data protection for what that involves, and our page about the data processing agreement.

E-commerce in the creative sector

Behind a print, a track or a design there is an author with rights, and that makes selling online in this sector different from running an ordinary online shop. May someone use a purchased print commercially? What does a digital download actually buy someone, and what does it not? How do you stop your work from spreading uncontrolled once it has been sold?

The contractual side deserves just as much attention. A licence you grant online is a contract, and that contract determines what the other party may do with your work. Terms and conditions that are sound, and that have been properly incorporated, give you a firm basis if a question or dispute arises later.

Liaise looks at your webshop as well as your work, and makes sure your terms and conditions, your sales process and your rights align with one another.

Selling online with the legal side sorted

Liaise is based in Amsterdam and works for creative entrepreneurs throughout the Netherlands. You have a single point of contact who knows your sector and understands what is at stake when your work goes online.

Would you like to know whether your webshop is legally sound, or do you have a matter you would like to put to us? Get in touch and you will have a reply within one working day.

All practice areas

Charissa Koster

Lawyer

Charissa advises and litigates in the fields of media law, intellectual property, IT and AI law, privacy, e-commerce and corporate law. Press-related and journalistic matters, copyright, freedom of expression versus privacy and cross-border issues often play a central role in her work.

Alexandra Iedema

Lawyer

Alexandra advises and litigates for clients in the cultural, music and creative sectors. She acts, among others, for artists, creative professionals, producers and entrepreneurs within these industries.

Frequently asked questions

Yes. For commercial email to private individuals you need prior consent, unless someone is already a customer and you are emailing about similar products. You must always offer a clear way to unsubscribe. We help you bring your mailing practice into line with the rules, so that you can keep reaching your audience without risking a complaint to the Netherlands Authority for Consumers and Markets.