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Writer's pictureRyan Snow

Legal Issues to Consider Before Selling Your Product Online

If you are considering expanding your physical business or starting a home-based business, selling your products online is a great way to reach additional customers. Before you begin to sell products online, there are several legal issues you should be aware of to ensure that your business is compliant with the law and that your interests are protected.

Business Entity 

If you are starting a new business to pursue online sales, it is important to carefully consider the pros and cons of different business structures. A sole proprietorship is uncomplicated and inexpensive, as no separate business entity is formed. In a sole proprietorship, there is no distinction between your business and personal assets, so you are personally responsible for all the business’s debts and liabilities. A partnership is a similarly simple business structure used when two or more people co-own a business. Like a sole proprietorship, you will be personally liable for all the business’s obligations—including those incurred by your partner. A limited liability company (LLC) is a separate business entity that can be formed by a single business owner or multiple owners. It involves the payment of certain fees to the state and a few formalities, such as maintaining proper records, and in most states, an annual report. An LLC, however, provides limited liability, meaning, if someone is injured by one of your products, they can only sue the business, and your personal assets will be protected. Other business structures are available as well—these are just some of the most common structures used by small businesses. 

Trademarks 

A trademark is a word, name, symbol, device, or a combination of them used or intended to be used to identify and distinguish the goods and services of a seller or provider, and to indicate the source of a good or service. A trademark is one of your business’s most valuable assets, and if you engage in e-commerce transactions outside the state, it is important to register your trademark with the United States Patent and Trademark Office, which enforces your rights as a trademark holder across the entire country, not just the state in which your business is located. 

Taxes 

Most states have a sales tax, and if your online business sells products in other states, you must collect and remit sales tax in each state in which your business has a “tax nexus,” or a sufficient connection to that state (e.g., a certain volume of sales). Some smaller online businesses may be exempt from collecting and remitting sales tax under the laws of certain states, for example, if they have less than $100,000 in sales or fewer than 200 annual transactions.

Restrictions on Home Business 

Many people run online businesses from their homes. If you plan to store a large inventory of your products in your home, it is important to make sure that you will not be violating any restrictions in your lease, homeowner’s association, or zoning ordinances.

Licenses and Permits 

Many types of businesses do not require a special business license to sell products. However, for certain products, such as medical devices, foods, and animal products, a special local, state, or federal business license must be obtained before they can be sold. Certain home-based businesses may also need to obtain a home occupation permit or conditional-use permit to operate legally.

Data Protection and Privacy Laws 

For online businesses, reasonable data security measures and a strong privacy policy are essential. Because online purchases require the transmission of personal customer information, you could be civilly liable under data privacy laws if third parties obtain your customers’ information because you failed to take the steps required by state law or steps reasonable under the circumstances to protect your customers’ personal information.

Business Insurance 

Like all businesses, it is important to consider obtaining general liability, product liability, and other commercial liability insurance policies to protect your business in the event of lawsuits. In addition, if your business will be delivering goods to customers, consider purchasing delivery insurance. 

We Can Help 

These are only some of the issues you need to consider before you form an online business. We can help guide you through every step in the process of starting your business, from choosing your business structure to ensuring you are compliant with state and federal law. Set up a meeting so we can help your exciting new venture succeed.

 

THIS ARTICLE SHOULD NOT BE RELIED ON AS LEGAL OR TAX ADVICE (INFORMATIONAL PURPOSES ONLY)


Ryan E. Snow, JD/MBA, is a licensed attorney and experienced entrepreneur specializing in legal services for small to mid-sized businesses in all industries and at all stages of growth and development. He can be contacted via email at Ryan@RyanSnow.com or at his website www.ModernUtahLaw.com.


©2024 by Venture Counsel LC, all rights reserved.


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