VI ZR 135/13 referred to the to the European Court of Justice (ECJ) for a preliminary ruling regarding the interpretation of the EU Data Protection Directive concerning the definition of the term personal data therein and recording of dynamic IP-addresses. International Trade Administration The impact of CISG as governing law versus UCC as governing law can be of critical importance. Theres no getting around the German e-commerce laws, Cross border ecommerce: how to effectively enter the Chinese market, Germans are return-champions, but it is still the biggest consumer market in Europe. To adapt to the new digital age, Germany has created legal and regulatory frameworks. We will be happy to answer any questions. 8 (2) of Directive 2011/83/EU.The new law applies to any contractural transaction that is entered into via electronic means of communication and leads to payment obligations for the . Germany is one of the most populated countries in Europe and the second biggest e-commerce market. The number of e-commerce consumers, internet penetration and average amount spent per year is above the European average. Facing a Foreign Trade AD/CVD or Safeguard Investigation? Among others, these include the German Packaging Act (VerpackG), which has been in force since the beginning of 2019. German Law Accessible E-Commerce Law in Germany von Dr. Axel Bussche, Freiherr von dem, David Klein 1. On the bright side, the German e-Health law opens up the medical service market for startups. Following the Telemedia Act, your website must contain the following information: According to the Telemedia Act, if you wish to communicate with customers (or potential customers) commercially online, you must: The contract may not be concluded within the framework of a distribution or service system organized for distance selling, such as when the supplier sells goods through a store and accept orders by phone as an exception. IT law encompasses components of contract, intellectual property . How do you work? These are, for example, direct debit, credit card, or payment in advance. Do they often seek professional legal advice? The most popular online retailers in Germany in 2020 were amazon.de (net sales of USD 15.8 billion), otto.de (USD 5.3 billion), zalando.de (USD 2.2 billion), mediamarkt.de (USD 1.7 billion), and lidl.de (USD 1.2 billion). As a result of strict COVID lockdown measures throughout 2020 and 2021, many German consumers have increased their online purchases and bought goods like . Germany e-commerce logistics market is estimated to grow significantly at a CAGR of around 9.9% during the forecast period. In order to limit your personal liability, in most cases it is recommendable to form a separate legal entity with limited liability (e.g. 1401 Constitution Ave NW Having that in mind, we support our members for instance with customer service for their online business or with the support in SEO or SEA, or law enforcement transcription. All rights reserved. A lock ( info@winheller.com+49 (0)69 76 75 77 80Mon. Depending on their area of expertise, lawyers may specialise in data protection, youth protection, contract law, or product labelling. Jack Ma became the wealthiest . In the previous part, we have listed the leading marketplaces in North America. German consumers are rather risk-averse and expect high quality products. Where should they look for information? "):e("#nl2go_form").html("Unexpected error. essential characteristics of the products; identity, address, telephone number and (sometimes. In 2021, 59 percent of online purchases were made via smartphone. When it comes to ecommerce it is o Every region has its own specifics and dynamics. Knowing ecommerce laws is essential for protecting your brand and assets, as well as maintaining positive customer relationships. The legal instrument of the written warning is widespread in Germany and it is used against merchants when there is a violation of consumer law, competition law, trademark law or copyright law, says Annegret Mayer from Hndlerbund. It appears that we may be about to experience a new phase in the life of Article 5 (3) of the ePrivacy Directive as amended in 2009, as brief as it may possibly be as a result of the coming Regulation and the revisions that the ePrivacy Directive may be subject to in its wake. Commonly known as IT Law, is the legal framework governing information technology, such as computers and the internet. These are mainly basic information and consumers need to decide whether to buy in the online shop or not. Its main purpose is to impose a uniform and consistent data security law on all EU Member States. Personal pickup (21%), UPS (16%), DPD (15%) and GSL (7%) are other popular options chosen by German e-customers. E-Commerce. Its usually severe when trademark law is infringed. In addition, according to the FDI guideline contained in the . Before, the matter had seemed to be fairly settled but now new questions arise. these Bye-Laws or "these presents" shall mean these Bye-Laws in their present form and all supplementary, amended or substituted Bye-Laws for the time being in force; . Published 23 December 2019, The Daily Tribune. Firstly, almost 80 percent of the German population own smartphones, causing m-commerce to be on the rise. In this function, she is responsible for the organization and workflow of the legal department and the expansion of the legal services for the Hndlerbund members. The primary form of company is the public company or Aktiengesellschaft (AG). Combined, those five online retailers share 47 percent of the German E-Commerce market. The market is primarily driven by high internet penetration, rising urbanization, and an increase in mobile shopping. Open Menu. Having these figures in mind, it is important to be aware of the legal challenges of the German market and to have legal assistance when entering the German market. Some foreign online sellers may be taking advantage of American consumers by charging high prices for counterfeit or substandard sanitation products and safety equipment. Required fields are marked *. any purchase of a book in an online shop, any subscription of content services made as an in app purchase, as well as any other such contract unless it is free of charge. Check out our other article Theres no getting around the German e-commerce laws by clicking here! Ecommerce Europe welcomes National Associations that are involved on a non-for-profit basis with the promotion of the interests of e-commerce/online distance selling (to consumers) and that are based in a Member State of the European Union, an EFTA country or in a country in the process of applying for EU membership. Companies are entering a market where German law applies. The worst case would end in a tremendous financial damage. SMBs, respective for the members of Hndlerbund, often seek professional legal advice in all kinds of fields concerning the conclusion and the proper fulfillment of a contract. Germany is looking to reduce hundreds of millions in lost VAT revenues, much of which is believed to originate from sellers in other countries unaware of their German VAT obligations or deliberately evading VAT. E-commerce growth is set to expand at a rate of 7.3 percent per year up until 2021, supported by the large size of the German online sector and solid economic growth in the country. - Christianity is the dominant religion in Germany, with 34% Protestant and 34% Roman Catholic. In this area of law, the most important German statutes are: Whats more, in Germany, written warnings are widely used against merchants when they break consumer law, breach competition law or trademark law. Research Methodology. For services, this time. He started with selling books online, then moved on to basically peddling any and all conceivable products through the Internet. And that is why we recommend Activate by Reclay. Germany has one of the largest e-commerce markets in Europe. make all promotional offers, such as discounts, premiums, gifts, prizes, and games of an advertising nature, identifiable and provide their terms and conditions in an easy-to-read format. What would you recommend to a company willing to enter the German e-commerce market? Continue reading , As a blogger you are always happy to receive feedback from your readers. German law is known for being complex, and in e-Commerce, there are many factors businesses have to take into account. And while data protection laws are primarily supposed to protect the individuals right to determine how his or her data is being processed, data protection has also become a commercial factor. Official websites use .gov Defined review criteria cover all the legal requirements that are important for online trading. Germany is one of the most populated countries in Europe and the second biggest e-commerce market. An outlook on e-commerce logistics What industry changes can we expect in 2022? the total price of the product ( taxes, duties, any additional shipping costs, etc. Globally, e-commerce businesses have increased dramatically in recent years, so it isnt surprising to see a corresponding increase in e-commerce regulations. What this act brought upon e-commerce is a heap of meticulous regulations that need to be followed. Twitter privacy activist Alexander Hanff has been able to create considerable attention (such as here and here) for his position that client side scripts used by publishers in order to detect AdBlockers used by their (would-be) readers are in conflict with said Article, posting on Twitter a letter from the Gnther Oettingers team in the EU Commission that, as per him, confirms his position. It is not possible to process personal data without a data protection law regulation the data processing. The District Court in Munich (7 O 14719/12) has stayed the proceedings in a pending litigation and has submitted questions to the European Court of Justice (ECJ). Germany has a law which allows return of products within 14 days of purchase, without any questions asked. . The first steps to starting an Ecommerce business will include legal formalities associated with starting a business; plus, there are additional requirements such as an ICP license (which allows China-based website to operate legally). The German e-commerce market is expected to register a CAGR of 11.2% from 2022 to 2027. It aims to remove obstacles to cross-border online services. The simple case here is if the goods are shipped from Germany and the online merchant is also located in Germany. Annegret Mayer, Hndlerbund: 14 experienced lawyers work in the legal department at Hndlerbund. That is why its so important to be aware of the legal environment and to have legal expertise in the special field of the e-commerce law. The strong e-commerce market in Germany can be attributed to the considerable proportion of the population who owns smartphones (81 percent). Getting legal advice, ideally even before you start your operations in Germany, is a good idea. German law seeks to further extend these class action-like proceedings, and different legal initiatives are underway. https://twitter.com/alexanderhanff/status/722861362607747072, Aside from the slightly amusing twist that the Commission, in making reference in the same letter to add-ons or plug-ins expressing a users preference regarding, for example, whether or not he or she does or does not accept the storage of information on his/her terminal equipment, appears to overlook that adblockers have to be detected first before they can be respected as conveying a preference, we shall have a brief look at how things would play out under German law, as it is in place at this time. The . All rights reserved. Not surprisingly, there has been a corresponding increase in e-commerce regulation worldwide. Our e-commerce lawyers will be happy to advise you on how to comply with the relevant regulations when creating your online sales platform. - 42% of the population in Germany are between 25 and 54. An Agile approach can be used from now on to deliver relevant custom solutions to the right audience. Big e-commerce companies entering the German e-commerce market usually have their legal departments that ensure compliance with law or they have budget for the relevant legal advice services. - Fri. from 8am to 8pm, Sat. Tuesday, May 17, 2022 POLITICO Live. According to data from the "European E-commerce Report 2019" 77% of customers in Germany prefer Deutsche Post DHL, the national carrier that delivers postal and courier shipments and has its own Packstation parcel machines. The range of financial sanctions varies from 1.500,00 for a violation of competition law to several thousand Euros depending on the case. the EU, and Germany. 2. E-Commerce uses a combination of Internet technology, mobile commerce, electronic funds transfers, escrowing services, electronic data interchange, supply . console.log("1"),function(e,n,o,t,l,c,r){e.Newsletter2GoTrackingObject=l,e[l]=e[l]||function(){(e[l].q=e[l].q||[]).push(arguments)},e[l].l=1*new Date,c=n.createElement(o),r=n.getElementsByTagName(o)[0],c.async=1,c.src="https://static.newsletter2go.com/utils.js",r.parentNode.insertBefore(c,r)}(window,document,"script",0,"n2g"),n2g("create","yj76l2pj-nqhljzcz-qvj"),function(e){e(function(){console.log("1"),e("#nl2go_form").on("submit",function(n){n.preventDefault(),console.log("1");var o={email:e("input[name=email]").val()};console.log("1"),n2g("subscribe:send",{recipient:o},function(n){console.log(n),201==n.status?e("#nl2go_form").html("Succes! A German court has recently ordered WhatsApp to use German language terms and conditions towards users in Germany (see also here, for example). Additionally, they offer a wide range of services to their members as Hndlerbund wants to support them in professionalising their online business. Understanding the range of laws that applies to e-commerce companies requires a wide breadth of knowledge. However, many operators of online shops are not clear about which legal requirements apply to their e-commerce platforms, whether on their own website or on trading platforms such as eBay, Amazon or comparable providers. Amazon.de is the industry leader in Germany, with e-commerce net sales of US$ 16,836 million expected in 2022 with estimated monthly traffic of 434.5 million visits. We are preparing to launch our website in Germany The Naval Laws (German: Flottengesetze, "Fleet Laws") were five separate laws passed by the German Empire, in 1898, 1900, 1906, 1908, . You can contact us via e-mail (info@winheller.com) or by phone (+49 69 76 75 77 80). It is further expected that toys and Do it Yourself (DIY) products will play an increasingly crucial role by 2025. I feel challenged and excited. ); cost of using the means of distance communication used for the conclusion of the contract, if the consumer is charged with costs that exceed the price of merely using the means of distance communication; terms of payment, delivery, and performance, the deadline by which the entrepreneur must deliver the goods or provide the service; the entrepreneurs procedure for dealing with complaints, the existence of a statutory right of liability for defects; providing the consumer with a copy or confirmation of the contract on a data carrier and within a reasonable period. You will also know how you can approach selling legally and safely in this country. Hndlerbund oversees over 50,000 online presences, including small and medium-sized businesses. Additionally, you can read more about The German Packaging Art to learn more about VerpackG in Germany! The e-commerce market is getting bigger and bigger. We believe that the exchange between our members is crucial and valuable in the online business. Key reasons for consumers to shop online include home delivery (69 percent of online shoppers in Germany agree), 24/7 availability (64 percent), and convenience (60 percent). It is common for laws and regulations to be complex and to vary greatly from one country to another. . The Saudi E- Commerce Law of 2019 plays a major role in providing a comprehensive framework of rules that need to be adhered to by any e-commerce entity planning to or conducting e-commerce in Saudi Arabia. It is crucial that you and your business stay ahead of the . But it is also the optimum solution for bigger retailers. That was recently ruled by the Regional Court in Dortmund. Of course, we will also be happy to review your existing online store in order to protect your company from warning letters. What is the situation in the case of SMBs? Managing all of the legal challenges . In 2018-2022, the value of the e-commerce market is expected to increase by $6 billion. The Ministry of Commerce and Investment (MCI), is responsible for setting up and carrying out commercial policies with a view to diversify . About POLITICO Live; Upcoming Events; More Info. This limited liability company would then assume responsibility and liability for the content of your website and the activities of your web shop. After Vienna, Lisbon, St. Petersburg and Oslo, we went on a trip to Barcelona after a two-year break due to Covid. The growth rate of B2B ecommerce is estimated to be around 20% per annum, with turnover growing at two to three times the rate of business to consumer (B2C) ecommerce. German B2C e-commerce revenues in 2013 were about 12% that of the world's largest e-retail market, the United States. Many people associate Germany with their cars. E-commerce, i.e. Experienced lawyers provide legal advice via telephone or email in the area of ecommerce. Annegret Mayer is also active in association work for Hndlerbund on a national and international level as Hndlerbund is a member of the European umbrella organization Ecommerce Europe. If, however, the goods are shipped from an EU country or the European Economic Area, special features under VAT law arise. Since 2010, she has been head of the legal department at Hndlerbund. Consequently, the German VAT is calculated and paid. on part-time residential rights, long-term vacation products, mediation and exchange systems; on the supply of food, beverages or other household goods for daily use; concluded with the help of vending machines and automated business premises; concluded with operators of telecommunication means with the help of public coin and card telephones for their use; for the use of a single phone, Internet or fax connection established by a consumer; Regulations on General Terms and Conditions within the German Civil Code (BGB), Treaty on the Protection of Human Dignity and the Protection of Minors in Broadcasting and the Electronic Media (JMStV). Stay up to date with our quarterlyGerman Business Lawnewsletter! Various regulations also aim to protect consumers in e-commerce situations, especially by requiring various information to be provided to consumers, but also, for example, via the geo-blocking regulation which requires . Each lawyer has a special field of expertise, such as data protection, youth protection, contract law or product labeling. Recently published,this issue alsocontains a number of other fascinating contributions by colleaguesfrom around the worldon a variety of important topics such as the online collection of consumer data, search engines liability for misleading search results, the cloning of games, advertising on Twitter, etc. Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting, Leading Sectors for US Exports & Investments, Information and Communications Technology (ICT), Licensing Requirements for Professional Services. The Department for Promotion of Industry and Internal Trade . The principal data protection legislation is Regulation (EU) 2016/679, also known as the " General Data Protection Regulation " or " GDPR ". Securities law and the financial supervisory law (if relevant in your case). German B2C e-commerce law - in principle - requires to provide the B2C customer with the right to withdraw from the contract (without any reasons) within 14 days. "):e("#nl2go_form").html("Unexpected error. Beck Mnchen 2015 Verlag C.H. In this article, you will learn about the significant legal challenges facing German e-commerce. Is this perception a truth or an exaggeration? These include in particular: Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG) Quotation of Prices Act (Preisangabenverordnung, PrAngV) Telemedia Act (Telemediengesetz, TMG) Mon. This event itself is an exceptional meeting place for, both, the big and the small e-commerce companies with different backgrounds and experiences from different markets.
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