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Can I sell products or services online without violating e-commerce laws in Virginia? What are the requirements?
To sell products or services online in Virginia, you must comply with the state’s e-commerce laws. Here are some requirements you need to consider:
Age Verification
No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum purchase age in the Commonwealth. Each person accepting a purchase order for a delivery sale shall comply with the age verification requirements set forth in § 18.2-246.8 [3.2].
Prohibited Products and Services
No public body may use, whether directly or through work with or on behalf of another public body, any hardware, software, or services that have been prohibited by the U.S. Department of Homeland Security for use on federal systems [1.1].
Incident Reporting
Every public body shall report all known incidents that threaten the security of the Commonwealth’s data or communications or result in exposure of data protected by federal or state laws and other incidents compromising the security of the public body’s information technology systems with the potential to cause major disruption to normal activities of the public body or other public bodies. Such reports shall be made to the Virginia Fusion Intelligence Center within 24 hours from when the incident was discovered [1.1].
Written Disclosure Statement
At least forty-eight hours prior to the time the purchaser signs a business opportunity contract, or at least forty-eight hours prior to the receipt of any consideration therefor by the seller, whichever occurs first, the seller shall provide the prospective purchaser with a written document, the cover sheet of which is entitled in at least ten-point boldface capital letters “DISCLOSURES REQUIRED BY VIRGINIA LAW.” [4.2].
Discriminatory Practices
It is unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities or services of like grade and quality [7.4].
Shipping Requirements
Each person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale must comply with the shipping requirements set forth in § 18.2-246.10, which include age verification, clear and conspicuous statement on shipping documents, and proof of legal minimum purchase age [3.1].
In addition to the above requirements, you must comply with all other laws of the Commonwealth generally applicable to sales of products or services that occur entirely within the Commonwealth, including, but not limited to, those laws imposing excise taxes, sales taxes, and license and revenue-stamping requirements [3.2].
Therefore, to sell products or services online in Virginia, you must comply with the above requirements and all other applicable laws.
Source(s):
- [1.1] Prohibited products and services and required incident reporting
- [3.1] Shipping requirements
- [3.2] Requirements for delivery sales
- [4.2] Written disclosure statement required
- [7.4] Discriminatory practices unlawful; proof; payment or acceptance of certain commissions, etc., unlawful
Jurisdiction
Virginia