LEGAL BASIS OF ELECTRONIC COMMERCE When doing digital business in Germany (and Europe), the General Data Protection Regulation (“GDPR”) also plays a crucial role. Furthermore, there are specific rules at the EU level for online platforms with a focus on transactions between entrepreneurs and consumers, set out by Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (known as the “Platform to Business Regulation”).
For e-commerce transactions, the most relevant requirements and (pre-contractual) information obligations are listed as follows; i.e., the entrepreneur must:
provide technical means that allow the customer to identify and correct input errors before placing an order;
additionally provide the following information before placing an order:
individual technical steps leading to the contract;
whether the text of the contract is saved by the entrepreneur after the conclusion of the contract and whether it is accessible;
how the entrepreneur can recognise and correct input errors with the technical means provided before submitting the contractual declaration;
the languages available for the conclusion of the contract; and
any relevant codes of conduct to which the entrepreneur subscribes, as well as the possibility of electronic access to these codes.
When doing digital business in Germany (and Europe), the General Data Protection Regulation (“GDPR”) also plays a crucial role. Furthermore, there are specific rules at the EU level for online platforms with a focus on transactions between entrepreneurs and consumers, set out by Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (known as the “Platform to Business Regulation”).
For e-commerce transactions, the most relevant requirements and (pre-contractual) information obligations are listed as follows; i.e., the entrepreneur must:
provide technical means that allow the customer to identify and correct input errors before placing an order;
confirm, without undue delay, receipt of the customer’s order;
provide the opportunity to download the contractual terms upon conclusion of the contract and save them; and
additionally provide the following information before placing an order:
individual technical steps leading to the contract;
whether the text of the contract is saved by the entrepreneur after the conclusion of the contract and whether it is accessible;
how the entrepreneur can recognise and correct input errors with the technical means provided before submitting the contractual declaration;
the languages available for the conclusion of the contract; and
any relevant codes of conduct to which the entrepreneur subscribes, as well as the possibility of electronic access to these codes.