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Update Commercial 2026

19.02.2026

In this year’s Commercial Update, we once again highlight the most significant developments of the previous year and provide an in-depth analysis of the key issues to watch in commercial and contract law in 2026.

In 2025, contract drafting was shaped by landmark decisions concerning standard terms of business, the validity of jurisdiction and arbitration clauses and the permissibility of agreements extending payment terms in the B2B sector. In addition, several major legislative initiatives were launched, including proposals to reform supply chain law, modernise product liability law and further develop the law on B2B standard terms of business.

In the field of sales and distribution-related antitrust law, recent fines imposed by the European Commission and judgments of the European Court of Justice have further tightened the rules on cooperation, exclusive distribution and information exchange. This includes stricter scrutiny of no-poach clauses, the handling of competitively sensitive data and the conditions for exemption from exclusive distribution agreements.

Regulatory requirements continue to increase for e-commerce and consumer protection. Companies must prepare for new obligations relating to consumer loans and the ongoing digitalisation of contract processes. A particular focus has been placed on accessibility in online retail: since mid-2025, almost all online shops have been required to make their digital offerings accessible, and non-compliance may result in considerable risks of warnings and fines.

In the field of franchise law, the past year has also seen important clarifications with significant practical implications for the structuring and operation of franchise systems. In addition, we analyse recent developments in distributorship, commercial agency, leasing, factoring and logistics practice, and identify the adjustments to existing distribution structures that have now become particularly urgent.