Thanks for the question, @bradplg .
The 2.0 themes are Shopify’s most compliant offering. As for the paid themes, these come from third party developers which is why we can only speak on what the platform is offering (old themes vs. new 2.0 themes).
I hope this clarifies that information provided above. At the end of the day however, we always recommend you seek your own counsel to ensure you are abiding by certain regulations that apply to you and your business.