E-commerce: 5 Major Legal Risks for Businesses in 2025

The e-commerce landscape is evolving rapidly, and with it, the legal challenges facing businesses operating in this sector.

In 2025, regulatory complexity has increased considerably, making constant vigilance essential for e-commerce players.

As revenue generated by online sales continues to grow, authorities are stepping up their inspections and requirements, multiplying the risks for insufficiently prepared businesses.

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Non-compliance with online consumer rights

Consumer protection remains at the heart of European and French lawmakers' concerns. Requirements regarding pre-contractual information have been strengthened, requiring e-commerce sites to provide ever more precise details about the products sold, the applicable warranties, and the delivery terms.

The right of withdrawal continues to represent a major challenge for many online retailers. Beyond the 14-day statutory period, the practical arrangements for returns and refunds must be perfectly mastered. Mistakes in this area can not only lead to administrative penalties but also generate customer dissatisfaction that is harmful to the brand's image.

Price transparency is also receiving increased attention. Practices such as displaying fictitious discounts or a lack of clarity regarding additional charges are now severely penalised. Recent legislative changes require exemplary rigour in the presentation of commercial offers online.

Personal data breaches and GDPR violations

The GDPR continues to profoundly shape the European digital landscape. Four years after it came into force, data protection authorities have considerably strengthened their inspections, and the amount of penalties has reached unprecedented heights.

For e-commerce businesses, the risks particularly concern the collection of consent for processing customer data, often carried out through registration forms or during the purchasing process. Failures in obtaining consent or the absence of clear information about how data is used are frequently penalised breaches.

Data security represents another critical issue. Security breaches exposing customers' personal or banking information can result in considerable financial penalties, not to mention damage to reputation and consumer trust. Online retailers must imperatively implement appropriate technical and organisational measures to prevent such incidents.

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Disputes related to intellectual property

The digital world is particularly exposed to intellectual property issues. For e-commerce sites, the risks are numerous and concern both the use of images without authorisation and the marketing of counterfeit products.

The copyright on the visuals, descriptions, and other content used to promote products is often overlooked, exposing online retailers to legal action for infringement. It is essential to ensure that the necessary authorisations are held for all elements published on the site.

For marketplaces, the situation is even more complex. Although the e-commerce directive provides for a limited liability regime for hosting providers, platforms must implement effective procedures for notifying and removing unlawful content. Recent case law tends to strengthen their monitoring obligations, especially where they have been notified of previous violations. In these complex cases, consulting an e-commerce lawyer becomes indispensable in order to put in place the appropriate procedures and limit the legal risks associated with intermediation activity.

Tax obligations specific to online commerce

The taxation of e-commerce has undergone major changes in recent years, notably with the VAT reform for distance sales. Businesses selling online must now master complex rules that vary according to revenue thresholds, the countries of delivery, and the nature of the goods sold.

The one-stop shop system for VAT, although it has simplified certain procedures, requires increased rigour in tracking sales by destination. Errors in declarations can lead to substantial tax reassessments, often compounded by penalties for failure to meet reporting obligations.

For marketplaces, obligations have been considerably strengthened. They are now responsible for collecting VAT on certain transactions carried out through them and must keep detailed records of the sales facilitated on their platform. This growing accountability of intermediaries requires in-depth knowledge of the applicable tax mechanisms.

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Cybersecurity challenges and transaction protection

The security of online payments is a critical issue for online retailers. Strong authentication (or 3D Secure) is now mandatory for most transactions, and failures to comply with this obligation can expose the merchant to liability in the event of fraud.

The protection of IT systems against cyberattacks also represents a major challenge. Security incidents such as ransomware, phishing, or denial-of-service attacks can paralyse an e-commerce site for several days, resulting in considerable financial losses and potentially leaks of sensitive data.

The contracts with technical service providers (hosting providers, payment processors, etc.) must be carefully examined to clarify each party's responsibilities in the event of an incident. Particular attention must be paid to liability clauses and the warranties offered by these partners, who are essential to the operation of the site.

Anticipating rather than enduring: the importance of a proactive legal strategy

Faced with these multiple legal risks, e-commerce businesses can no longer afford a reactive approach. Regulatory compliance must be integrated from the very design of e-commerce projects and be the subject of constant vigilance.

Regular compliance audits make it possible to identify vulnerabilities and implement the necessary corrective actions before a penalty is imposed. Investing in legal advice generally proves far less costly than the consequences of litigation or an administrative inspection.

Training teams on the legal challenges of e-commerce is also an effective lever for risk prevention. A better understanding of legal obligations by operational staff helps to avoid many errors in the day-to-day management of the site.

In an environment as dynamic and complex as that of e-commerce, legal protection is not an option but a strategic necessity. Businesses that know how to anticipate and adapt to regulatory developments will enjoy a definite competitive advantage, while those that neglect these aspects will expose themselves to growing risks likely to jeopardise their long-term viability.