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Can I sell products or services online without violating e-commerce laws in New York? What are the requirements?

Selling Products or Services Online in New York

If you want to sell products or services online in New York, you must comply with the state’s e-commerce laws. Here are some requirements you need to consider:

  1. Business Registration: You must register your business with the New York State Department of State. You can register your business online through the New York Business Express website.
  2. Sales Tax: You must collect sales tax on all sales made to customers in New York. You can register for a sales tax permit through the New York State Department of Taxation and Finance.
  3. Consumer Protection: You must comply with New York’s consumer protection laws, including the Consumer Protection from Deceptive Acts and Practices (General Business Law Article 22-A) and the Franchise Sales Act (General Business Law Article 33).
  4. Data Privacy: You must comply with New York’s data privacy laws, including the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (General Business Law Article 39-F).
  5. Advertising: You must comply with New York’s advertising laws, including the Truth in Advertising Law (General Business Law Article 22).

In addition to the above requirements, if you plan to sell wine online, you must obtain an out-of-state direct shipper’s license and comply with the requirements set forth in NYCL ABC § 79-C [1.2]. If you plan to sell wine at retail for consumption off the premises, you must obtain a seven-day license and comply with the requirements set forth in NYCL ABC § 79 [1.5].

Note that this is not an exhaustive list of requirements, and you may need to consult with a legal professional to ensure that you are fully compliant with all applicable laws and regulations.

[1.2][1.5]

Source(s):
Jurisdiction

New York