The start of a new year offers ecommerce businesses an opportunity to reset. For online sellers, 2026 brings familiar pressures: platform enforcement, consumer protection scrutiny, and IP disputes—alongside evolving regulations and rising expectations from both marketplaces and regulators.
Now is the ideal time for brands to evaluate legal frameworks and tighten internal controls across digital channels. A strategic “legal refresh” can help you uncover overlooked risks, reinforce compliance, and better position your business for sustainable growth in 2026. Below are key areas every marketplace seller should revisit as the new year begins.
Re-Audit Platform Compliance Before the Platform Audits You
Marketplace enforcement continues to shift from reactive to proactive. Account suspensions, listing takedowns, and fund holds are becoming more frequent and less forgiving.
With the new year, marketplaces also may begin implementing new rules, if they have not already done so. Marketplaces will evaluate listings under current rules, not the standards in place when a listing originally went live, so start the year by reviewing your product listings for accuracy. Claims, keywords, images, and variations may trigger enforcement, and reviewing logs from 2025 to be sure that any policy violations from last year are addressed. You should confirm compliance with category-specific rules in areas such as cosmetics, supplements, and electronics as well.
Pressure-Test Your Product Claims
Consumer protection scrutiny continues to rise, especially around:
- Environmental claims (“eco-friendly,” “sustainable,” “green”)
- Health, wellness, and performance claims
- “Made in USA” and other country-of-origin claims
Marketplace sellers often rely on manufacturer or supplier language, but you remain legally responsible for the claims appearing on your listings. For 2026, verify that marketing statements are substantiated, align product descriptions across all platforms and your direct-to-consumer website, and remove any vague or aspirational claims that may be perceived as factual.
A single complaint, whether from a consumer or a competitor, can trigger investigation.
Revisit IP Strategy: Defense and Enforcement
Intellectual property is one of the fastest ways for marketplace sellers to either lose revenue or protect it. Key questions include:
- Are your trademarks registered in your core markets?
- Are brand assets (logos, packaging, product names) consistently used?
- Do you have an internal process for responding to infringement claims?
- Are you actively monitoring copycats and counterfeit listings?
Marketplaces increasingly favor sellers who can demonstrate legitimate IP ownership and organized enforcement practices. In 2026, IP is more than a legal safeguard, it signals credibility to both platforms and customers.
Update Consumer-Facing Policies
Returns, refunds, warranties, and terms of sale should never be “set it and forget it” documents. Inconsistencies between listings, storefront policies, and actual practices commonly lead to disputes and chargebacks. Brands should ensure that:
- Policies are consistent with platform rules and applicable law
- Warranty language satisfies consumer protection requirements
- Customer service practices match what the policies promise
Take Data, Privacy, and AI Use Seriously
Even sellers without a standalone website are handling more customer and partner data than they may realize, including communications, email lists, analytics, and AI-generated content. As regulators increase their focus on transparency and responsible data use, begin 2026 by evaluating how data is collected, stored, and shared. Privacy disclosures should accurately reflect current practices, and sellers should understand how third-party tools (including AI solutions) use and retain data.
Additionally, avoid using AI-generated images or copy that could infringe IP or mislead consumers. Regulators are focused on transparency and accuracy, rather than simply whether AI was used in creating the content.
Plan for Disputes—Before You Have One
Disputes are an unavoidable part of online marketplaces, but preparation can significantly reduce their impact. Marketplace sellers should enter 2026 with clear internal strategies form responding to IP complaints, policy violations, and enforcement actions, as well as defined escalation paths for suspensions or fund holds.
Contracts with suppliers, manufacturers, and business partners should clearly allocate risk and responsibility, particularly when product compliance or IP ownership is involved. Sellers should also reassess whether existing dispute resolution clauses—such as arbitration or mediation—still align with their operational and growth goals.
Start 2026 Proactively—Not Reactively
Marketplace selling in 2026 is less forgiving than ever. Platforms, regulators, and customers all expect professionalism, transparency, and compliance—regardless of your brand’s size.
A thoughtful legal refresh at the start of the year can:
- Reduce enforcement and suspension risk
- Protect your brand and IP
- Build trust with customers and partners
- Support stable, sustainable growth across every marketplace you sell on
Ready to Strengthen Your Marketplace Strategy in 2026?
If you’d like help assessing your risk exposure, tightening compliance, responding to enforcement actions, or building a marketplace strategy for the year ahead, our eCommerce team is here to help.
Start the year on offense—not defense. Reach out to us to protect your business and position your brand for stronger growth in 2026. To discuss further, please contact KJK’s eCommerce attorneys at 216.696.8700.