Consumer, Retail and
E-Commerce Law

Our experts in the practice area “consumer, retail and e-commerce law” have extensive and solid experience in assisting businesses offering products and/or services to consumers and have the expertise to deal with legal issues arising in a rapidly changing and regulated market.

Consumer law is a collective term for legislation aimed at protecting consumers. Consumer law legislation is designed so that it is essentially mandatory in favour of the consumer, which in short means that the consumer must not be treated worse than the law prescribes. In addition to reputational damage, breaches of consumer protection legislation can result in, among other things, fines for disruptive marketing practices (up to a maximum of four (4) per cent of the trader's turnover in the previous financial year).

Examples of consumer law legislation include: (i) the Swedish Consumer Sales Act; (ii) the Swedish Consumer Services Act; (iii) the Swedish Consumer Credit Act; (iv) the Swedish Distance and Off-Premises Contracts Act; (v) the Swedish Contract Terms in Consumer Contracts Act; (vi) the Swedish E-Commerce Act; (vii) the Swedish Product Safety Act; (viii) the Swedish Marketing Practices Act; (ix) the Swedish Price Information Act; and (x) the Swedish Package Travel Act. Regulation at EU level plays a central role in the formulation and interpretation of consumer law rules in Sweden.

E-commerce and marketing requirements

The regulatory framework governing, e.g., e-commerce and various types of online marketing is extensive and imposes stringent demands on companies to act correctly and clearly towards their customers. The rules include obligations to: (i) provide accurate and relevant price information (such as showing the previous lowest price applied by the same trader during a period of time not shorter than 30 days prior to the application of the price reduction); (ii) comply with the blacklist of the Swedish Marketing Practices Act; (iii) take into account that concepts such as sales, promotions and clearance sales may entail certain obligations; (iv) be truthful and factual when using environmental claims; and (v) fulfil mandatory information requirements, for example linked to the right of withdrawal. This list is far from exhaustive, and regulations are constantly changing.

Integrated and comprehensive advice

Our specialists work closely with lawyers in other practice areas, such as intellectual property, EU and competition law, employment law, sports, events, gaming and media, and tax law. This allows us to offer a comprehensive solution tailored to each client's specific needs and objectives. We strive to deliver high quality and cost-effective advice that creates value and security for our clients. We also keep ourselves continuously updated on new and upcoming regulations and judgments, both nationally and internationally, and are happy to share knowledge and insights.

We offer advice on, among other things:

• Interpretation of contracts and general contract law issues, drafting and review of terms and conditions for purchases and delivery, terms of use, terms of service, general terms and conditions, warranties and cancellation rights, distance and e-commerce, subscriptions and subscriptions, consumer credit and financing.
• Regulatory compliance, including but not limited to, advising on applicable legislation and practices regarding the Swedish Consumer Sales Act, the Swedish Consumer Services Act, the Swedish Marketing Practices Act, the Swedish Distance and Off-Premises Contracts Act, the Swedish Product Safety Act, the Swedish Product Liability Act, the General Data Protection Regulation (GDPR) and the Swedish Consumer Credit Act, and reviewing e-commerce sites and apps, and training and internal policies to ensure compliance and quality.
• Review of marketing materials and advertising, both digital and via social media, issues related to price reductions, loyalty programmes, competitions and promotions, general consumer information and brand protection.
• Consumer dispute resolution, including but not limited to, the prevention, negotiation and litigation of consumer complaints, claims, cancellations, product recalls, damages, sanctions and contacts with public authorities.

Strong support throughout the process

Vinge offers advice within all relevant legal areas. We endeavour to facilitate the path from idea to execution in a smooth manner and act as strong business support at all stages of the process. We have extensive insight into the various industries and sectors in which our clients operate such as retail, e-commerce, manufacturing, service, transport and logistics, healthcare, pharmacy, education and research, media, entertainment, gaming, e-sports, energy and environment, hotels, travel, tourism and hospitality, IT and telecommunications, finance and insurance.