There is no general public enforcement of economic consumer protection in Germany. Depending on the exact situation, a right of further appeal may exist. There is no specific time limit to commence proceedings for breaches. However, the sample notification is definitely in accordance with the law. But what are ,,additional services”? Most violations of consumer protection rules are to be pursued by the consumers themselves (e.g. 81 et seq. Despite this, there are specific regulations regarding specific types of goods/services, e.g. The button label has to contain the information “order liable to pay” or a similar formulation. If the missing information was related to costs (e.g. This is called “opt-out”. For court decisions and/or orders of consumer authorities, appeal proceedings exist. In particular, the terms of business and data protection conditions will be thoroughly examined. They apply to companies based in the EU, but also to international companies when they offer their goods or services in the EU or monitor the behaviour of EU consumers. Based on the Act on the Enforcement of Consumer Protection (VSchDG), the German consumer authorities designated therein – mainly the Federal Ministry of Justice and Consumer Protection – are given rights to investigate, impose cease-and-desist orders, receive relevant information, and to enforce these measures. Most product recalls are voluntary or at least initiated by the manufacturers. Various regulations also aim to protect consumers in e-commerce situations, especially by requiring various information to be provided to consumers, but also e.g. 33 and 33a GWB become time-barred after five years (sec. In extreme cases, court or administrative orders can be enforced by imprisonment of responsible persons (e.g. More: History of the Federal Ministry of Justice and for Consumer Protection … 310 para 3 BGB as a contract between a consumer and an entrepreneur. [spacing size=”20px”]. GWB entitles the BKartA to impose fines up to a total amount of 10% of the annual worldwide turnover. Prohibitions relating to “conduct” against consumers. Consumers for the most part must enforce their rights themselves (primarily in civil court proceedings). I believe the most interesting change is the new obligation to mention the date up to which the goods or services will be delivered. The manufacturer, his authorised representative and the importer are under requirement to immediately inform the competent market surveillance authorities if they know, or should have known on the basis of the information or experience available to them, that a consumer product made available on the market by them presents a risk for the safety and health of persons. [spacing size=”20px”]. the aggregated price of the goods or services including all taxes. These are antiques, products that need refurbishing (if made clear that they require refurbishing), products for military use, food, animal feed, live plants and animals, medical products (for these, a specific act applies), and plant protection products (for these, a specific act applies), see sec. Fines of up to EUR 100,000 can be imposed as a result of breaching the ProdSG intentionally or negligently (sec. In addition, consumers can claim damages or reimbursement of futile expenditure. 1 ProdSG). Practice Areas > Doorstep selling (“Haustürgeschäfte”) tackled specific situations where allegedly a lot of psychological pressure is put on the customer, such as contracts concluded at home, at workplace, during leisure events initiated by the company selling the product or in cases where the customer was approached in public transport in order to sell the product. 40 ProdSG). environmental standards, or health and safety issues) or by protecting other groups that include consumers but are not limited to these (e.g. This requires, however, an “intra-community infringement”, meaning that the violation of consumer interests must take place in an additional member state to that where the violation originated or where the violator is located. Who has standing to bring these actions? As you can see, consumer protection law can be risky for smaller companies. to 12 months or improving protection of consumers against superfluous contracts entered into on the telephone. For example, the client intends to use the goods or services for business and private purpose (so called “dual use contracts”). The new scope is much broader. Most violations of consumer protection rules may be prosecuted in stand-alone actions. The most important consumer protection rules are included in the German Civil Code (BGB). Consumers can therefore use this claim as a “first step” to raise their specific claims in subsequent individual proceedings. 13 German Civil Code (BGB) and applies for all national German law. In addition, products that require the CE sign (a certification mark that indicates conformity with health, safety, and environmental protection standards for products sold within the European Economic Area) may only be put on the market if they fulfil the requirements to obtain the CE marking (sec. The aim of the inquiry was to examine how the smart TV manufacturers handle user data from the stage of collection up to its commercial use. Consumer protection measures in specific sectors ... Conversely, Germany has no such law in place, though it does have a policy and a very limited plan. Especially consumer protection laws have always been a source for legal evolution and also a cause for trouble. As you can see, this could also include repair services agreed upon in the customer’s apartment or contracts concluded in the premises of a notary public or a lawyer. The UWG applies to both business-to-consumer relationships and business-to-business-relationships. ), if the company did not provide proper instructions about the revocation right. the BKartA is assigned to carry out sector inquiries that serve to primarily reveal any sector-wide consumer protection deficiencies. Unlike in many other countries, such warning letters bear immense cost risks, since under German law, the competitor infringing the law is obliged to pay the lawyer fees for the first (!) In addition to the ProdSG, there are numerous other regulations covering more specific subjects to protect the health of consumers, such as the Food and Commodities Act or the Medicinal Products Act. Also, non-compliance with the investigation under the Product Safety Act can lead to imprisonment of up to one year. In addition, competition law is to be considered in this context as well. Often competence for consumer protection and the protection of competition lie in the hands of the same authority (e.g. This includes the right to be provided with all relevant information from the (alleged) violator, to request contact details from postal or other service providers, to be granted copies of electronic data, and to enter business premises during normal operational hours. The scope of remedies and/or sanctions is diverse. The Code against Unfair Competition requires that the act or omission qualifies as a “commercial practice”. Studies and media coverage frequently point out that user ratings on the Internet are in many cases not authentic, e.g. In such actions qualified institutions, associations and chambers of industry and commerce can object to any law violations by the companies and, if necessary, in a second stage file appeals at the courts. the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband), the consumer organisations of the Länder and the Centre for Protection against Unfair Competition (Wettbewerbszentrale). In the case of administrative actions, the Administrative Procedure Act (VwVfG) and the Administrative Court Regulations (VwGO) apply. There is no central or specific consumer protection agency in Germany. purchaser’s rights regarding defects of the goods. The most relevant act regulating the conduct of persons towards consumers is the German Code against Unfair Competition (UWG). In its final report, the Bundeskartellamt explains the background to fake reviews and develops practicable approaches to solving this problem. Sounds nice. Depending on the individual base of a claim, the responsible authorities or courts have the possibility to impose fines. However, sending back the goods does not suffice for the revocation anymore. I believe this mainly includes information about the compatible operating system (e.g. The ProdSG states various requirements that goods must meet in order to be offered on the German market (sec. With the 9th amendment to the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen, GWB) which came into force in early June 2017, the Bundeskartellamt was for the first time granted competences in the area of economic consumer protection which includes in particular the Act against Unfair Competition and the General Terms and Conditions of Business. As a result, the Bundeskartellamt demands better information for consumers on the data processed by smart TVs. This EU Regulation aims to create a more effective framework for cooperation in the field of consumer law enforcement in order to improve compliance with consumer protection rules in the EU. Under the Model Declaratory Action Act (Musterfeststellungsklagegesetz), which was introduced on 1 November 2018, certain qualified entities can claim that a court declares certain claims between consumers and entrepreneurs to either exist or not. long-distance contracts, or consumer loans). A party against which a court or administrative decision is directed may appeal; third parties in general cannot appeal any such decision. 3 and/or 4 UKlaG) may raise claims for cease-and-desist orders against companies that violate consumer protection laws. This formulation certainly makes possible a lot of interpretation what is “easily understood” and “highlighted” and what is not. According to the ProdSG, a product may only be made available on the market if it does not pose a risk to the safety and health of persons when used as intended or expected. A large number of website operators were questioned on topics such as rankings, financing, corporate links, reviews and market coverage, in order to uncover and specify possible violations of consumer law provisions. regarding after-sales services in a different language than that of the country in which the consumer is located.

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