Understanding the challenges that companies face to maintain and expand their businesses in full legal compliance, Morais Leitão has created the Digital Services & E-Commerce Cluster, a "one stop shop" team dedicated to national and European legal-scientific research. The team adds specialised, innovative, practical, and up-to-date knowledge on the legal and regulatory framework in force, seeking to anticipate and respond to future regulatory trends and the associated opportunities and challenges.
Global market,
tailored service.
The current global and digital market, framed by sophisticated and demanding regulation, requires suppliers of goods and service providers to respond appropriately and adapt their business models to new realities and opportunities. Competing in an e-commerce market without physical borders and with distinct idiosyncrasies entails new rules and new risks, and no aspect of the relationship with customers can be left to chance.
This new paradigm of commerce, based on digital channels, represents a challenge for both professionals and consumers. However, it is upon businesses to ensure compliance with the vast and complex legal and regulatory framework applicable to e-commerce. This is a demanding task, because it can expose companies to significant sanctions and penalties, but above all because any failures will have a direct impact on reputation and brand, and therefore on the business itself.
What role does the Digital Services & E-Commerce team play?
In this context, our Digital Services & E-Commerce team cooperates with the client to consolidate its online presence and to reconcile the applicable regulatory frameworks with its strategic objectives, supporting the structuring and day-to-day sale of goods and the provision of services online. Based on an interdisciplinary and comprehensive approach, we consider the entire life cycle of digital businesses and the specificities of certain goods and services.
Focusing on a preventive approach and paying attention to the value chain involved, we support the client, regardless of the segment in which it operates – Business to Consumer (B2C) or Business to Business (B2B), namely in:
- Pre-contractual information duties.
- Special duties in relations with consumers.
- Increased transparency obligations of digital service providers and digital platforms.
- Unfair commercial practices and illegal content online.
- Protection of personal data.
- Enforcement of advertising rules and protection of intellectual property rights.
- Trademarks and digital content available in the virtual world; and
- Drafting contractual terms of sale and structuring websites and marketplaces.
Our team also has strong experience in judicial and extrajudicial dispute resolution related to Digital Services & E-Commerce matters (including class actions, misdemeanour proceedings and private enforcement proceedings), which complements our legal services in the event of a criticism, claim or sanction to the planned reality.
