In diesem Jahr erfolgten mit dem „Gesetz für faire Verbraucherverträge“, der Umsetzung der „Digitale-Inhalte-Richtlinie“ und der „Warenkaufrichtlinie“ einige grundlegende Gesetzesänderungen im Verbraucherprivatrecht (BGB).
Was Sie als Unternehmer:innen insbesondere beachten sollten, ist im folgenden Abriss der Neuerungen in aller Kürze beschrieben.
I. Effects of the Fair Consumer Contracts Act on GTCs
ABG, §§ 305 ff. BGB |
Our notes |
|
|
|
|
|
|
|
|
|
|
II. Effects of the Directives
Through the implementation of the European Directives, new regulations for online trade in the B2C relationship were created in the Civil Code and existing regulations were adapted to digitalisation. Since these regulations on recourse claims in the supply chain can also be applied in the B2B area, you should have dealt with them in any case. These new regulations have already been in force since 01.01.2022 and may make it urgently necessary to readjust your product offers, general terms and conditions and contractual agreements in various places. If you would like support in implementing the regulations and adapting your company to the advancing digitalisation, we will be happy to assist you.
Matrix
First of all, you as entrepreneurs:inside should make the distinction whether you either offer digital products (Directive (EU) 2019/770), or distribute goods with digital elements (Directive (EU) 2019/771) and assign yourself to one of the following two groups, depending on which.
1. Digital products, §§ 327 ff. BGB
The term digital products as defined in Section 327 (I) BGB is composed of digital content and digital services.
- according to § 327 para. II p. 1 BGB, “digital content” is data that is created and provided in digital form. For example: apps, e-books, audio files
- § 327 para. II p. 2 BGB, “Digital services” are those that enable the consumer either to create, process or store data in digital form or to access such data, or to share or otherwise interact with data uploaded or created in digital form by the consumer or by other users of the relevant service. For example: cloud applications, streaming services
If you belong to the group of digital products click here for more information.
2. Goods and those with digital elements, §§ 434 ff., 475 ff. BGB
The term goods (legally defined in § 241 a para. I BGB) replaces the previously used terminology “thing”.
- Goods with digital elements are defined according to §§ 475 b para. I, 327 a para. III p. 1 BGB as goods that contain or are connected to digital products (see above) in such a way that the goods cannot fulfil their functions without these digital products, i.e. they would lose their functionality. For example: Smart devices (such as Smart TV, Smart Watch), computers including operating software
- Note § 475 a para. II BGB, which attaches legal consequences to the concept of functionality. If the goods remain functional even without the digital part, then various provisions are excluded from the scope of application and only for the defective digital product reference is made to the provisions of §§ 327 ff. BGB are referred to.[1]
If you belong to the group of goods and such with digital elements, click here for more information.
Digital products
Digital contents and services, §§ 327 ff. BGB |
Our notes |
|
|
|
|
|
|
|
|
|
|
Goods and those with digital content
Goods and such with digital elements, §§ 434 ff, 475 ff. BGB |
Notes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|