Home Q&A Forum Can I be held liable for a fraudulent eCommerce transaction on my website?

E-Commerce

Compliance Agreement

New York

Asked on Nov 30, 2024

Can I be held liable for a fraudulent eCommerce transaction on my website?

I recently started an eCommerce business where I sell various products online. However, I recently had a customer who claimed that their credit card was fraudulently used on my website to make a purchase. While I have implemented security measures, I am concerned about the potential liability I may face if this customer decides to take legal action against me. I want to understand my legal responsibilities and potential liabilities in such a situation.

Answers from 1 Lawyer

Answer

E-Commerce

New York

Answered 528 days ago

Damien B.

ContractsCounsel verified

Business Lawyer
Licensed in New York
4.9 (13)
Member Since:
October 3, 2023

As an eCommerce business in the US, you must comply with the Payment Card Industry Data Security Standards (PCI DSS). These standards outline best practices for securely processing and storing credit card information. Non-compliance can increase liability. In New York, the Stop Hacks and Improve Electronic Data Security Act requires businesses to implement reasonable safeguards to protect private information, including credit card data. Even small businesses must comply, although they are subject to less stringent standards. Internationally, there could be other laws: the General Data Protection Regulation (GDPR) is a European Union law that regulates how companies and individuals handle personal data. An attorney can review your processes to identify and mitigate legal risks.

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