New Consumer Contract Law
All industries and distribution systems must act
From Friday 13 June 2014, a new consumer contract law in Germany will apply – without any transitional period – to all consumer contracts concluded from that very day.
The new law requires considerable amendment of, in particular, general terms and conditions and consumer information (for example, the instructions on withdrawal) for all companies which directly or indirectly conclude contracts with consumers. Irrespective of the actual distribution form, the entire retail and service sector is affected, particularly including stationary outlets, direct sales, e/m-commerce and conventional distance selling. Due to the “Rome I Regulation”, even foreign traders may be affected if their business is also directed to German consumers.
The review and implementation of the necessary amendments to conform to the new legal situation is therefore not only an obligation on all potentially affected companies (otherwise, warnings, injunctions or compensation claims may result), but can also offer opportunities. In particular, cross-border sales and services within the European Union should be basically harmonized from now on.
Download PDF: Newsletter New Consumer Contract Law
Practise Group: Distribution & Franchise Systems, E-Commerce