From 01.02.2017 new information obligations for enterprises!

Since 2016, the Consumer Dispute Resolution Act (VSBG) has existed, which was created as a framework for the settlement of disputes arising from contracts concluded between consumers and enterprises. However, two provisions of this act do not come into force until 01.02.2017.

From 01.02.2017 onwards, the §§ 36, 37 VSBG also apply. These concern information obligations for enterprises that conclude contracts with consumers.

Information obligations

We have provided you with an overview of the most important changes:

1. All enterprises that use general terms and conditions and/or operate a website are affected – provided that they had more than ten employees on 31.12. of the preceding year.

2. The affected enterprises must inform the consumer to the extent to which he is prepared or obliged to participate in dispute resolution proceedings before a consumer alternative dispute resolution body and point out the competent consumer alternative dispute resolution body if the enterprise is obliged to participate in or is obliged to participate in dispute resolution proceedings.

3. The information must be made available both on the enterprise's website and together with the general terms and conditions (if the enterprise uses such).

4. The information must be easily accessible, clear and understandable to the consumer.

5. All enterprises, regardless of the number of employees, must, in the event of already existing and unsettled out-of-court disputes with a consumer, point out to the consumer in text form a competent alternative dispute resolution body with the specification of address and website. In doing so, they must state whether they are obliged or prepared to participate in dispute resolution proceedings.

Conclusion

For enterprises, failure to observe the new information obligations from 01.02.2017 carries the risk of a warning under competition law. We are happy to support you in implementing the new information obligations.