Sidley is at the forefront of representing companies engaging in electronic commerce, including via the internet and mobile services. For example, we advise clients on the role of marketplaces in enabling transactions and on the integration of payment and lending services in E-commerce platforms. We help clients assess the risks and rewards of fulfilling different roles in transaction processing, and developing approaches that comply with legal requirements while meeting business objectives. We also assist clients in negotiating the web of strategic relationships, processing contracts and technology agreements that are necessary to take full advantage of the rapidly changing electronic marketplace, while also representing leading suppliers of payment, financing and related technologies to E-commerce industry.
For companies that seek to deliver financial services via the internal or mobile platforms, we provide a comprehensive suite of services from licensing/chartering advice, to developing policies, procedures and forms of end-user agreements and disclosures, to ongoing compliance guidance. We work both with emerging providers of services, including those that may seek to operate under a federal “fintech” charter or state-by-state licenses, and with traditional financial service providers expanding their operations with E-commerce and mobile commerce ventures.
- Advised providers of mobile marketplaces and payment intermediaries in assessing licensing and registration issues on a nationwide basis, including multi-state licensing efforts and structuring relationships to avoid licensing issues.
- Assisted traditional payment processors in the development of policies, procedures and contracts for managing relationships with payment facilitators and other payment intermediaries in marketplace arrangements
- Advised a wide range of institutions on compliance with the E-Sign Act and state implementations of the Uniform Electronic Transactions Act, and on the unique disclosure and compliance challenges raised by different forms of electronic communication.
- Advised clients regarding compliance with the Unlawful Internet Gambling Enforcement Act and the Restore Online Shopper’s Confidence Act.
- Advised several large providers of financial products and services with respect to privacy obligations under U.S. and European laws.
- Assisted companies in negotiating contracts to provide automated rewards and electronic marketplace systems.