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Whether you want to expand your Australian business overseas or start selling to an international market, there are a number of legal considerations to keep in mind. For example, will your IP protections be valid internationally? How will taxes work? And do you need additional documentation to ensure compliance in 2025?
Most businesses choose to expand because an international market now offers even greater opportunities for growth, driven by advanced technology and evolving consumer trends. For instance, you might be considering an overseas franchise expansion to maximise your profit-earning potential.
In today’s digital age, especially as we move further into 2025, businesses have more tools at their disposal-from comprehensive eCommerce platforms to robust legal software solutions-that simplify global expansion while ensuring compliance with international regulations. For more insights, our Intellectual Property Guide offers valuable tips to protect your brand worldwide.
In a technology-driven world, it’s not uncommon for businesses to offer their products on the international market. However, with rapid online growth comes heightened legal responsibilities, both domestically and internationally.
This article will explain some of the key legal considerations when moving your business overseas and provide advice tailored for the challenges and opportunities of 2025.
How To Start A Business Overseas
If you want to start a business overseas, you need to ensure you are fully compliant with the laws of the country you intend to operate in. This involves verifying that your documents are legally enforceable under international contract law-something we cover in detail later-and that you meet local employment and operational standards.
You’ll also need to consider how to protect your intellectual property internationally, manage tax obligations, navigate customs procedures, and address other crucial aspects of operating in a foreign market. For guidance on business registration and structure, our resources on company set up and business structure are an excellent starting point.
What Do I Need To Consider Before Selling Overseas?
Once you’ve determined there is potential for your business to expand overseas, it’s important to ensure you have covered all the legal aspects of operating across borders. This includes understanding both domestic regulations and the specific legal requirements of the international markets you’re targeting.
Protecting your business’ assets, choosing the right business structure, and ensuring your contracts are legally valid in each jurisdiction are just a few of the factors to consider when venturing internationally. You might also find our guide to legal regulations for corporations particularly useful.
We’ve collected some handy information on these legal points and more below, so you can confidently navigate the international marketplace in 2025.
How Does Intellectual Property Work When You’re Doing Business Overseas?
If you’ve invested in branding your business with a trademark, logo, or other intellectual property, you need to consider international protection. An Australian trademark is only protected within Australia, so you must ensure your IP rights extend beyond our borders. For further details, see our article on international trade mark and copyright.
For your trademark to be recognised overseas, you can submit separate applications in each target country, following their respective processes. Alternatively, you may utilise the World Intellectual Property Organisation’s Madrid System to secure protection across 126 countries-a method that remains popular in 2025.
Our lawyers are ready to help you register an international trade mark that safeguards your brand across multiple jurisdictions.
Following Overseas Laws While Doing Business
When selling overseas, it’s imperative not only to adhere to Australian laws but also to the legal frameworks of your destination market. Be sure to review local legislation and regulatory changes, as international business laws are frequently updated in 2025.
For example, many eCommerce businesses operate under a dropshipping model, meaning you must be aware of and compliant with the destination country’s shipping and contract laws. Our resource on drafting an internationally enforceable contract provides further guidance on this subject.
The last thing you want is to face legal issues because you inadvertently shipped a product that violates regulations in another country.
Often, you’ll need to adjust your business contracts or include additional clauses to ensure full compliance with the destination country’s laws. For further advice on managing such complexities, check out our resources on contractor agreements and explore our negotiation support services.
| Example If you currently operate a business selling wine in Australia and plan to expand into Asia, you may be affected by updated Chinese wine labelling and packaging laws as of 2025. Rather than risk non-compliance, seek legal guidance on any regulations that might impact your operations. Our online lawyers can answer any legal questions you might have regarding eCommerce laws and their international implications. For instance, we offer an eCommerce Terms & Conditions package that can be tailored to your overseas arrangements. Read on to explore your options and learn how to protect your business overseas. |
Setting Up A Subsidiary Or Branch
If you are planning to conduct business in another country, local laws might require you to establish a subsidiary or branch in that country. This arrangement can simplify legal compliance and operational management overseas.
For example, while Australia requires international businesses to have a local presence if they carry on business here, similar rules often apply in other jurisdictions where you intend to export or sell your products.
It’s important to consider these requirements carefully and to consult local legal or accounting experts before you start exporting or selling in a particular country.
Dealing With Customs As An International Seller
If your business offers worldwide shipping or targets specific international markets, you must familiarise yourself with the customs rules and regulations for each destination. Keeping up-to-date with customs declaration forms, permissible items, and packaging requirements is essential, as these regulations often change by 2025.
Australia also has its own set of export rules that must be followed. For further information on meeting these regulatory requirements, consult our Legal Advice Package for detailed support.
How Can A Business Compete With Overseas Competitors?
Expanding your business overseas opens you up to a new pool of customers as well as competitors. Establishing a competitive edge in international markets requires thorough market research and local insights.
Consider visiting your target market to understand local consumer preferences and competitor strategies. For additional resources on building a competitive business model, check out our Business Structure Guide which is regularly updated with the latest industry insights.
Navigating Export/Import Taxes
Taxation varies significantly depending on your destination country. In many instances, if your business does not maintain a physical presence in a country, you may not be liable to pay local taxes merely for selling there. However, understanding your tax obligations is crucial in the global market of 2025.
Many eCommerce businesses benefit from an entirely online presence, and if your revenue exceeds $75,000, you may need to register for Goods and Services Tax (GST) in Australia. Your exact tax obligations will depend on your business model-whether you sell directly to consumers or work through a third party. It’s always advisable to consult a legal professional; our team can also provide advice on employment contract matters and broader tax compliance.
International Contract Law: How Does It Work In Business?
Expanding your business internationally means ensuring that your legal documents are enforceable across multiple jurisdictions. In 2025, it is more important than ever to draft contracts that are internationally enforceable by including provisions such as international arbitration clauses.
If these clauses are not included, you and your international partners will need to agree on key issues such as:
- Governing law
- Jurisdiction
These terms establish the framework for settling disputes and clarify which country’s laws will apply, ensuring that your contracts stand up in court internationally.
Documentation Needed For Selling Overseas
Whether you’re running an eCommerce business or a traditional store, you must have the proper documentation in place. This typically includes:
- Employment Contracts – if your business hires employees, a detailed written agreement outlining roles and responsibilities is essential.
- eCommerce Terms and Conditions – as an online business, having clear terms that users must agree to before using your website is crucial.
- Supply Agreements – these agreements detail your relationship with suppliers, addressing delivery terms, liability, pricing, warranties, and termination conditions.
In addition, consider having customer contracts and service agreements in place, particularly if you’re outsourcing any of your operations. Our Customer Contracts resource offers further guidance. Tailored legal advice can help you avoid potential disputes down the track.
Do You Need A Specific Privacy Policy To Sell Goods Online?
As an online business, your website must comply with the privacy laws of each country you operate in. For instance, if you are selling to customers in the EU, you must adhere to the General Data Protection Regulation (GDPR). In 2025, your obligations include ensuring that:
- Your business is active in a European nation
- You process data belonging to EU citizens
- Even if you employ fewer than 250 people, the GDPR may still apply if the above criteria are met
Even if your business doesn’t strictly fall under GDPR, collecting and processing customer data means you need a comprehensive and accessible Privacy Policy that explains what data is collected, how it is used, and how it will be secured.
- The types of data you collect (e.g. emails, phone numbers, addresses, credit card details)
- The purposes for which the data is used, such as analytics and customer service
- The reasons behind data collection
- How the data is stored and your retention policies
What About Shipping and Returns?
Clear shipping policies are essential to avoid disputes and ensure a positive customer experience. Setting transparent shipping costs, particularly for international shipments, can prevent unexpected charges at checkout.
Shipping information should include details such as:
- Disclosing shipping costs: International shipping often incurs higher expenses, so make sure these costs are clearly outlined for your customers.
- Disclaimers for international shipping: As carriers at the destination handle final delivery, include disclaimers to limit your liability for factors beyond your control.
- Return policies for international buyers: Establish a clear and practical process for returns to manage customer expectations and potential disputes.
Want To Start A Business Overseas?
Expanding your business overseas or tapping into the international market comes with a host of legal considerations. Ensuring your contracts, policies, and decisions comply with local and international laws is paramount in today’s global marketplace.
This article has outlined some general concerns, but the specific legal requirements will depend on your business model and your international goals. For further, tailored advice, be sure to review our resources on intellectual property and online legal services.
As we look towards 2025, the landscape of global commerce continues to evolve rapidly. Staying informed of changes in international law and adapting your business strategy accordingly is critical-whether it’s updating your privacy policy to meet new data protection standards, revising contracts to include modern arbitration clauses, or ensuring compliance with emerging export regulations. Our team at Sprintlaw is here to help you navigate these changes with confidence.
Our legal consultants are available and happy to help. If you’d like a consultation on your options for selling overseas, call us on 1800 730 617 or email team@sprintlaw.com.au for a free, no-obligation chat.
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