legal issues, what should I be looking out for

server in the US, Belgian host, Dutch registered CoC

[dmmh]

and the plot thickens :)

As far as I know, a website falls under local laws, eg: if your server is physically located in another country, you have to abide that country's laws.

This would make all the contents of a TOS/ user agreement invalid if the rules inside it deviate from what is allowed by law in that specific country. Am I right?

what I am interested about is, how and to what extent does this affect my business?

For an example, I will be making money, through paypal and intend to store user data for the transactions as it is required by the Dutch tax department to be able to validate your income, eg: it has to be traceable.
I am 100% positive the amount of data one is allowed to collect about people is different in Holland then it is in the States. Privacy is way more important here.
This is just an example though.

I will be selling information (ofcourse no user data) primarily and will extend my business with a webstore later on, targeted at selling DVDs and the likes.

I am interested in what people have to say who have dealt with this issue

[dmmh]

:(

[uksports]

From my understanding, if you are a EU business and you store customers details outside of the EU (.i.e. on your American server) then you have to tell your customer that is the case - we've just moved from a US server to an EU one for that reason

-- Chris

[dmmh]

ok, thx :)

[RailMan]

as a dutch(?) business you have to run your business according to dutch law, regardless of where you host your site / store your data

if you host your website / store data outside your country, you need to consider the local laws as well as(not instead of) your own country law

[lgn1]

We have a case in Canada, where a person selling marijuna seeds for medical purposes, is fighting extradition to the USA.

Selling marijuna seeds is quasi-legal in Canada for medical purposes.

I believe his server was in Canada, but this is not
stoping the US department of Justice from launching a extradition request.

Setting politics aside, you must be carefull what you sell to customers in the USA, as the US DOJ thinks their laws apply to the entire planet.

I think web commerce would be easy if the following rules apply universally:

a) you are responsible for the laws in your own country.
b) your customer is responsible for the laws of their own
country.

ie. the DOJ should be charging the customers that bought the seeds, not the owner of the website.

[dmmh]

well no plans to sell drugs here :p
but its a fine eaxmple :)

[KevinC]

a) you are responsible for the laws in your own country.
b) your customer is responsible for the laws of their own
country.

Simply put and makes perfect sense.

[dmmh]

well the problem is, I am running this alone. I do not have any income to afford an attorney, so I cant get proper legal advice.
And I will need it for sure.
I will be holding people's money, pay them, receive money, stuff like that.
It's hard to explain without giving out details and Im not ready to do that :)

[RailMan]

>I do not have any income to afford an attorney, so I
>cant get proper legal advice.
>And I will need it for sure.

then you're in the wrong game and leaving yourself open to serious risks.
stop. rethink your plans.
if you don't have the money for real legal advice, get a job and save up, get the legal advice (because you NEED it), and then consider going into this business.

in the meantime i'd appreciate it if you could PM me with your business name / web address so that i can be sure i don't do business with you ..........

[dmmh]

havent started yet and dont intend to do so before I can :p