Legal protection of an online store: from protecting product photos to fighting copies on Rozetka

Launching an online store is not just about purchasing goods and setting up advertising. To ensure that your business is stable and secure, you need to take care of its legal foundation from the very beginning. This article is a step-by-step guide to the main aspects of legal protection for your e-commerce project, which should be a reference book for every owner, as well as the contact details of a good lawyer for an online store.

Section 1. Foundation: mandatory documents for your website

Every house starts with a solid foundation. For an online store, this foundation is not a choice of CMS or a bright design, but a set of key legal documents that regulate absolutely all aspects of interaction with visitors and buyers. Many novice entrepreneurs, eager to start sales as quickly as possible, put off this stage “until later,” considering it a boring formality. This is a strategic mistake that can be very costly. These documents, located in the “basement” of your website, are your main shield in any disputes — from trivial product returns to serious claims regarding the processing of personal data.

1.1. Why every online store should have a public offer and privacy policy

Having these documents is not just a matter of “good manners” or copying the practices of major players. It is a direct requirement of Ukrainian law. The Law of Ukraine “On Electronic Commerce” clearly states that sellers of goods or services on the Internet are required to provide buyers with full and free access to the terms of the contract before the purchase is made. The buyer must clearly understand the terms and conditions under which they are making the purchase. This is precisely the function performed by two key documents:

• Terms of Service: This is your “electronic contract” of sale. The word “public” means that it is addressed to an indefinite group of persons—any visitor to your website. When a customer clicks the “Place Order” button (and checks the box agreeing to the terms), they legally accept your offer and enter into a contract with you on the terms set forth therein.
• Privacy Policy: This document answers the question, “What do you do with my data?” It explains in detail what personal data you collect from customers (name, phone number, email, address, IP address, cookies), for what specific purpose (for delivery, for mailing, for analytics), how you process it, where you store it, how you protect it, and to whom you may transfer it (for example, to the Nova Poshta delivery service). Having such a policy is a direct requirement of the Law of Ukraine “On the Protection of Personal Data” and the GDPR if you plan to sell goods to customers from the European Union.

The absence of these documents on the website is not just an oversight. It is a direct violation of the law, which can lead not only to fines from the State Consumer Protection Service or the Human Rights Ombudsman, but also to complete legal vulnerability of your business to unscrupulous customers.

1.2. These documents govern your relationship with customers and protect you from unreasonable claims.

A well-drafted offer agreement and privacy policy are your main argument and guide for resolving 99% of the disputes that inevitably arise in e-commerce. It is in these documents that you can and must clearly and unambiguously spell out all the “rules of the game.”

Imagine a few typical situations:

• The customer wants to return the goods. Without clear rules, chaos ensues. When can they return the goods? Who pays for shipping? Can underwear or unpacked cosmetics be returned? In the offer agreement, you can clearly specify the return period (14 days), the procedure (filling out an application, sending it to a specific address), who bears the shipping costs, and provide a list of goods that cannot be returned according to the CMU resolution.
• The item was lost in the mail. Who is responsible? In the contract, you can specify that your responsibility as a seller ends at the moment the item is handed over to the postal operator, and provide the customer with the TTN number for further tracking.
• The customer complains that you are “spamming” them with your mailings. In your Privacy Policy, you clearly explain that you only send marketing materials if you have received separate consent (via a checkbox), and each email contains an unsubscribe link. This completely absolves you of any blame.
• The customer is demanding compensation because the color of the product on their monitor differs from the actual color. You can add a clause to the contract stating that “the color of the product may differ slightly from the image on the website due to the characteristics of color reproduction on different devices.”

When a customer checks the box “I have read and agree to the terms of the Public Offer and Privacy Policy,” they legally confirm that they have read and accepted all these rules. And if they have a complaint that contradicts these rules, you can always politely but confidently refer them to the relevant clause of the agreement, which they voluntarily agreed to.

1.3. How to correctly draw up these documents

Creating a legally sound offer and privacy policy is not something you can skimp on. It’s very tempting to Google “online store offer template” and simply copy it, replacing the name. But this can lead to disastrous consequences.

Why ready-made templates are a bad idea:

• Incompatibility with your business: The template may be designed for a store selling digital goods, while you sell furniture. The terms of return, warranty, and delivery will be completely different.
• Outdated regulations: The template may have been written five years ago and may not take into account the latest changes in legislation (e.g., new consumer protection rules).
• Contradiction with the law: Many templates contain clauses that directly contradict current legislation (for example, “goods purchased at a discount are not returnable,” which is illegal). Such clauses are null and void and will have no legal force in court.
• Lack of conditions that are important to you: The template may lack items that are critical to your business model (for example, conditions for custom-made goods).

Developing these documents is a customized task that requires analysis of your business processes and in-depth knowledge of legislation. This is an area where investing in the services of a qualified lawyer will pay off handsomely, saving you significantly more money and stress in the future. That is why we have devoted a separate, detailed article to this topic. We discuss how to approach their drafting correctly in detail in the article: “Public Offer Agreement and Privacy Policy: Mandatory Documents for Your Website”.

Section 2. Your content – your asset: protecting photos and descriptions

Once you have laid the legal foundation in the form of mandatory documents, it’s time to take care of protecting what makes your online store unique and attractive to customers—your content. This is not just “pictures and text”; it is the result of a significant investment of your time, money, and creative effort. And this asset, unfortunately, is the easiest prey for unscrupulous competitors.

2.1. Unique photos and product descriptions are your intellectual property and need to be protected.

Let’s take a look at what content a typical online store consists of and why it is considered intellectual property:

• Product photos: Whether you take product photos yourself or hire a professional photographer to do so, each photo is a photographic work protected by copyright. It is not just a technical snapshot, but the result of creative work: choosing the angle, adjusting the lighting, composing the shot, and post-processing.
• Product descriptions: If you don’t just copy the specifications from the manufacturer’s website, but write your own unique, “sales-oriented” texts that reveal the advantages of the product, tell its story, and give advice on how to use it, each such text is a literary work that is also protected by copyright.
• Video reviews: The video you shoot to demonstrate a product is an audiovisual work.
• Website design: The overall visual appearance of your website, its unique structure, icons, banners—all of this is part of the design.

It is important to understand that copyright for all these objects arises automatically at the moment of their creation. You do not need to register them anywhere. They belong to you (or to the author from whom you should have obtained the rights under the contract) by virtue of creation.

2.2. What to do when competitors massively copy your content, reducing the value of your work

This is one of the most painful problems in Ukrainian e-commerce. You spent thousands of hryvnia on a professional photo shoot, spent several days writing unique descriptions, and a week later you see your photos and texts on dozens of competitor websites that simply copied them “in one click.”

Why this is dangerous for your business:

• Devaluation of your work: Your investments are essentially working for your competitors. They did not spend anything, but received ready-made, high-quality content.
• Pessimization in search engines: When search engines (such as Google) see identical content on multiple websites, they perceive it as duplicate content. This can lead to a lower ranking for your website in search results, as the search engine cannot determine which website is the original source. Sometimes the “thief” may even rank higher than you in search results.
• Misleading buyers: Customers may see your high-quality photo on a fraudulent website, order a product there (often at a lower price), and receive a counterfeit item or nothing at all. The negative experience may be partially associated with your brand, as the buyer was guided by your photo.
• Loss of uniqueness and reputation: Your store ceases to be unique. You become “one of many” who sell the same product with the same images, which makes it difficult to build a strong brand.

Ignoring mass copying means allowing competitors to use your resources for free and destroy your reputation and search rankings. Therefore,  protecting your website from copying should be one of your priorities.

2.3. Specific steps and tools for protection

Combating content theft is not a one-time action, but rather a systematic effort that includes both preventive and reactive measures. There is no “magic button” that will protect you 100%, but there is a whole set of tools that make life much more difficult for thieves and allow you to respond effectively to violations.

These tools include:

• Technical means: Adding watermarks to photos, disabling the ability to copy text and save images with the right mouse button.
• Preventive legal measures: Proper registration of content rights from contractors, placement of a copyright symbol (©) on the website.
• Monitoring: Use special services (e.g., Copyscape, Google Images) to track copies of your content on the internet.
• Reactive actions: Sending letters of complaint to violators, complaints to hosting providers (under the DMCA procedure), and in extreme cases, going to court.

Each of these steps requires detailed consideration. Therefore, we provide detailed information on how to protect your photos, which watermark to choose, how to write a complaint correctly, and how to effectively combat theft in our specialized article: “How to protect your product photos from theft by other stores?”.

Section 3. Combating counterfeiting and unfair competition

If content theft is a nuisance, then the appearance of counterfeit goods or unauthorized sales of your brand on large platforms is a direct threat to your business. Marketplaces such as Rozetka, Prom.ua, Kasta, or Allo are, on the one hand, a powerful sales channel, but on the other, an environment where unscrupulous sellers can easily “parasitize” on someone else’s reputation.

3.1. One of the biggest problems for brand owners is the appearance of their goods (or counterfeits) on large marketplaces without their permission.

For the owner of a unique product or the official distributor of a brand in Ukraine, this problem can manifest itself in several ways:

• Selling counterfeit goods: Another seller creates a product listing using your official photos and brand name, but sells a cheap, low-quality knockoff under the guise of your product. This is a double whammy: you lose sales, and your brand gets negative reviews from deceived buyers, which damages your reputation.
• Dumping by “gray” importers: You are the official representative of the brand in Ukraine, investing money in marketing, certification, and service. Another seller imports the same goods unofficially (“into the gray zone”), does not incur these costs, and sells them on the marketplace at a 20% discount, luring away your customers.
• Unauthorized use of your trademark: The seller creates their own, often similar, product, but illegally uses the name of your well-known brand in the title and description so that their product listing appears in searches for your brand name.

In all these cases, you are faced with unfair competition that directly affects your financial performance and brand value. Ignoring this means silently giving up your market share. This is where the active fight against counterfeiting and other violations begins.

3.2. How to respond correctly, where to turn, and how to block unscrupulous sellers

Sitting around and waiting for the marketplace to notice the infringement itself is pointless. The initiative must come from you, as the copyright holder. Fortunately, large marketplaces understand their responsibility and have special procedures in place to combat infringements. The main thing is to act correctly and have the necessary evidence at hand.

Your main evidence is registered intellectual property. Without it, your chances of success are significantly lower. Your “weapons” in this battle are:

• Trademark registration: This is the most powerful tool. It confirms your exclusive right to the name and/or logo.
• Industrial design patent: If someone copies the unique design of your product.
• Patent for invention/utility model: If your unique technology is copied.
• Proof of copyright for photos/videos: If the seller uses your unique photos.

General algorithm of actions:

1. Documenting the violation: Take screenshots of the violator’s product page, save the link, and, if possible, make a test purchase to obtain evidence of the sale of counterfeit goods.
2. Contacting the marketplace support service: Every major platform (Rozetka, Prom.ua) has a special section or email address for complaints from rights holders.
3. Submitting an official complaint: You prepare an official complaint describing the nature of the violation, provide a link to the violator’s page, and, most importantly, attach copies of your title documents (certificates, patents).
4. Review and blocking: Typically, upon receiving such a report, the marketplace reviews it and sends a request to the offending seller. If the seller cannot provide documents confirming their right to sell this product or use your brand, their product listing (or even their entire store) will be blocked.

3.3. Step-by-step action plan for such situations

Fighting on marketplaces is not a chaotic exchange of messages, but a clear sequence of actions. The effectiveness of your response directly depends on how methodically and legally competently you act. Let’s imagine that you have discovered a violation. Here is a generalized step-by-step plan to help you structure your actions.

Step 1: Gather and secure evidence. Before contacting anyone, gather solid evidence.

• Screenshots and links: Take detailed screenshots of the infringer’s page, clearly showing the name of their store, the name of the product (using your trademark), your photos, and the price. Save the URL of this page.
• Test purchase: This is the most compelling evidence, especially in cases involving counterfeit goods. Order the goods from the offender in the name of your employee or friend. Keep all proof of purchase: a screenshot of the order, payment receipt, and shipping invoice. When you receive the goods, take detailed photos of them and their packaging and compare them with your original product, noting any differences that indicate counterfeiting.
• Notarized report on the inspection of a web page: In cases involving a potentially major legal dispute, it is advisable to engage a notary public who will officially inspect the infringer’s page and draw up a report. This document has the force of irrefutable evidence in court.

Step 2: Identify the offender. Try to find out as much information as possible about the seller. Often, the store’s page on the marketplace will contain their details (name of sole proprietorship/LLC, contact phone number). You will need this information to file an official complaint.

Step 3: Contact the marketplace administration. This is the primary and fastest channel of influence.

• Find the right channel: Each marketplace website (Rozetka, Prom.ua, Allo.ua) has a special form, email address, or section for rights holders.
• Draft an official letter: In the letter, clearly and without emotion, state:
  1. Your details as the copyright holder.
  2. The numbers of your security documents (trademark certificates, patents).
  3. Direct link to the violator’s page.
  4. The nature of the infringement (e.g., “unauthorized use of TM [name],” “sale of counterfeit products under our brand name,” “use of our copyrighted photographs”).
  5. Attach scanned copies of your documents and collected evidence to the letter.
  6. Clearly state your request: “Please immediately block the product card at the link […] and take measures to terminate the activities of the offending seller.”

Step 4 (parallel): Send a pre-trial claim directly to the violator. If you have been able to identify the seller, send them an official claim demanding that they immediately cease the violation, in parallel with contacting the marketplace. This may speed up the process and show the seriousness of your intentions.

Step 5: Monitoring and further action. After contacting the marketplace, monitor the situation. If the platform does not respond or its actions are insufficient, you can move on to more “tough” measures: contacting the cyber police (in case of fraud), the Antimonopoly Committee, or filing a lawsuit.

Each of these steps has its own nuances and requires proper preparation of documents. To provide you with the most comprehensive instructions possible, we have developed a detailed guide. A step-by-step action plan for combating copies on marketplaces, with templates for appeals and an analysis of the specifics of each platform, is provided in our specialized article: “Your product is being copied on Prom.ua and Rozetka: a step-by-step action plan for brand owners”.

Section 4. Legal aspects of business models: dropshipping

Not all online stores operate according to the classic model of “buy goods – put them in storage – sell them.” Modern e-commerce offers many flexible models, and one of the most popular among beginners is dropshipping. This business model is attractive because it does not require large initial investments or your own warehouse. However, from a legal point of view, it creates a complex “triangle” of relationships (Supplier – Dropshipper – Customer), each corner of which requires proper documentation.

4.1. Not all online stores operate according to the classic model. A scheme such as dropshipping has its own legal peculiarities.

Let’s recall how dropshipping works. As the owner of an online store (dropshipper), you are essentially a showcase and marketing intermediary. You find customers, take orders from them, and accept payment. But you don’t see, store, or ship the goods yourself. This is done by your partner, the supplier (manufacturer or wholesale warehouse), who ships the goods directly to the end customer on your behalf.

It seems simple, but this is where the legal risks lie. For the end customer, your online store is the seller. They pay you, and any complaints about product quality, delivery times, or returns will be directed at you. But in fact, a third party—the supplier—is responsible for all these processes. If these relationships are not regulated by a contract, you risk finding yourself in a situation where you have to bear full responsibility for someone else’s mistakes.

Typical problems when working “on words”:

• The supplier sent the wrong product, color, or size.
• The supplier sent defective or damaged goods.
• The supplier significantly delayed the shipment.
• The product was out of stock, but you continued to sell it because you were not notified in time.
• The supplier refuses to accept returns from customers.

In all these cases, you remain the one who bears the ultimate responsibility for the customer. Without a contract with the supplier, it will be extremely difficult (or impossible) to shift this responsibility to them or obtain compensation from them.

4.2. How to properly formalize relationships with suppliers and customers to avoid liability for the mistakes of others

The correct legal formalization of dropshipping involves establishing two parallel “lines of defense”: one in relations with the customer, and the other in relations with the supplier.

1. Customer relations (public offer agreement): Your offer agreement on the website should take into account the specifics of dropshipping. It should clearly and correctly state:
   • That you are an intermediary, and the actual sender of the goods is the warehouse/manufacturer.
   • Delivery times may be longer and include time for order processing by the supplier.
   • The procedure for returning goods (for example, that goods should be sent not to your address, but to the supplier’s warehouse address).
2. Relationship with the supplier (Cooperation Agreement/Drop Shipping Agreement): This is your key document. It should be as detailed as possible and regulate all possible aspects of your cooperation.
   • Responsibility for quality: Clearly state that the supplier is responsible for ensuring that the goods match their description, are of good quality, and are free from defects.
   • Order processing and shipping times: For example, “The supplier undertakes to ship the goods within 24 hours of receiving the order from the dropshipper.”
   • Exchange of balances: How and how often the supplier undertakes to inform you about the availability of goods in stock.
   • Returns and exchanges procedure: Who accepts returns, who pays for return shipping in case of defects, and how long it takes for the supplier to refund you for returned goods.
   • Financial terms: The amount of your commission, payment procedure.
   • Confidentiality: The supplier’s commitment not to use your customer base for their own purposes.

Properly drafting these two documents creates a solid legal framework in which you are a protected intermediary rather than the last link in the chain bearing all the risks. The question of whether you work on a dropshipping basis is one of the most complex in e-commerce. That is why we have devoted a separate in-depth analysis to it. To learn how to properly draft a contract with a supplier and an offer for a customer, read here: “Legal aspects of dropshipping: how to formalize relationships with suppliers and customers?”.

Conclusions

Comprehensive legal protection for an online store is not a one-time task, but a continuous process that is an integral part of a successful business. It includes the proper preparation of fundamental documents on the website, active protection of your unique content and brand, as well as constant market monitoring and decisive action against unfair competition.

Timely resolution of these issues is not just a “legal formality,” but a guarantee of stable growth, reputation preservation, and capitalization of your e-commerce business. Remember that professional legal support for e-commerce is not an expense, but an investment in the long-term security and value of your brand.