New information requirements for retailers: ill-conceived and poorly implemented

Current legal situation

At present, the information requirements for consumer contracts for online traders are governed by Sections 312d and 312j of the German Civil Code (BGB) in conjunction with Article 246a of the Introductory Act to the German Civil Code (EGBGB), and for brick-and-mortar retailers by Section 312a BGB in conjunction with Article 246 EGBGB. This includes, for example, the essential characteristics of the goods and the identity of the trader. Even now, under Article 246a(1), first sentence, nos. 11 and 12 of the EGBGB, information must be provided regarding the existence of a statutory right to claim for defects and, where applicable, the existence of a guarantee. Even though this multitude of mandatory disclosures could be described as ‘information overload’, which runs counter to the aim of ensuring a well-informed consumer, the jungle is now becoming even denser.

New mandatory graphics for warranties and guarantees

Art. 246a § 1 sentence 1 nos. 10 and 11 EGBGB become nos. 10 to 11c, and Art. 246(1) no. 5 EGBGB becomes nos. 5 to 5d. Retailers are now required to provide information ‘in a prominent manner’ regarding ‘the existence of a statutory warranty for goods and its key elements, including its minimum duration of two years’, as well as ‘information that such a guarantee applies to these goods, its duration and a reference to the existence of the statutory warranty’. If it is not clear at first reading what is meant and how this is to be implemented, these concerns can be set aside for the time being. For – and this is what makes the change so significant – the European Commission has set out precisely how the information requirements are to be met in an implementing regulation ((EU) 2025/1960): by means of a “harmonised notice” and “harmonised labelling”.

Harmonised notice on warranty rights

To inform consumers of the existence and scope of their rights, and to prevent confusion with a commercial manufacturer’s warranty, the ‘harmonised notice’ must be used. The format is not customisable: in physical shops, it must be displayed in a “prominent manner”, e.g. in the checkout area. The minimum size is A4 (there is no upper limit). It may be in colour or black and white.

In online retail, it is sufficient to place the “harmonised notice” in colour on the website as a general reminder. If the means of distance communication used to conclude the contract, such as a catalogue, does not provide sufficient space for the “harmonised notice” in A4 format, it may initially be omitted, as the notice will not constitute mandatory information under Article 246a(3) of the Introductory Act to the German Civil Code (EGBGB). Nevertheless, the trader must provide the consumer with this information in accordance with Section 312f(1) sentence 1 no. 1 and sentence 3 or paragraph 2 of the BGB on paper (in A4?) or on another durable medium, for example via email. The Commission considers that the notice should be included in the confirmation email.

Harmonised labelling of product-related guarantees

The ‘harmonised labelling’ is intended to inform the consumer of the existence and scope of a possible manufacturer’s guarantee. This obligation only applies if all of the following conditions are met: (1) the guarantee is offered for a period of more than two years, (2) it applies to the entire product at no additional cost, and (3) the manufacturer provides this information to the seller. Why this duty to provide information only applies to guarantees lasting more than two years – even though, under the presumption rule in Section 443(2) of the German Civil Code (BGB), a guarantee provides further protection in the event of claims under the warranty for defects – is just as unclear as the question of why retailers must be obliged in this way to provide information on manufacturer’s guarantees at all. Where promotional claims are concerned, the seller’s own interest is certainly sufficient incentive. However, this was already the case under existing law, which is why the ECJ has adopted a rather restrictive interpretation of the provision. Previously, the trader was only required to provide information on the details of a manufacturer’s warranty if they were advertising it in any way.

The ‘harmonised labelling’ is not to be understood as a general indication, as is the case with the ‘harmonised notice’, but must be displayed prominently next to each product or directly on the packaging if a warranty exists that meets the above conditions. Furthermore, certain parts of the labelling must be adapted to the product and the warranty. These include, in particular, the duration of the warranty in years, the company name and the model. In the Commission’s view, whole years and figures in 0.5 increments (e.g. 2.5 or 4.5) are permissible for the warranty period. Other decimal places are not permitted (e.g. 4.1 or 4.2).

In brick-and-mortar shops, the labelling may be displayed in colour or black and white, provided it is at least 9.5 × 10 cm in size. Online, the ‘harmonised labelling’ must be displayed in colour next to the product image. Here, a nested display format is permitted. However, due to an amendment to Section 312j(2) of the German Civil Code (BGB), the labelling must also be displayed ‘immediately before the consumer places their order’, i.e. in the shopping basket. For every single product.

Possible solutions

You must comply with the requirements regarding the “harmonised notice”. The effort involved is limited to a poster in the sales area and a notice on the website, for example in the Terms and Conditions.

Interest in limiting the obligations regarding the “harmonised labelling”, on the other hand, is significantly greater. You would not be required to comply with these obligations if the guarantee is offered for no longer than two years, is subject to a fee or certain conditions (e.g. registration or a supplementary contract), applies only to specific parts and not to the entire product, or if the manufacturer does not provide this information to the seller.

Commission guidelines

In March, the Commission published “Practical guidelines for sellers and producers on the EU harmonised notice on the legal guarantee of conformity and on the EU harmonised label for the commercial guarantee of durability”, which are intended to provide assistance with the implementation of the new regulations. These include specific implementation examples with mock-ups for online shops and high-street shops. In addition, the Commission has made the high-resolution vector files of the harmonised notice and the GARAN label (SVG, PNG, JPG) available for download in all EU languages. Both documents can be accessed via the Commission’s website.

Otherwise, there are few surprises, but a few clarifications are worth mentioning:

• Warranty duration in half-years: The previously unresolved question of how to handle a warranty of, for example, two and a half years has now been answered. Whole years and 0.5 increments (e.g. 2.5 or 4.5; decimal separator: comma) are permitted. Other decimal places (e.g. 4.1 or 3.3) are expressly prohibited.
• Harmonised message in the confirmation email: The message must also be included in the order confirmation email – as must the GARAN label, provided the labelling requirement applies.
• Nested label online only, in colour only: The nested display (only ‘GARAN’ + year; the full label opens on click/mouse-over) is intended exclusively for digital environments. It must not be used in print in physical retail outlets and must be in colour.
• Placement of the notice online: The guidelines set out specific placement options: on the product catalogue page, in the website header or on the checkout page – in each case as a drop-down notice (e.g. “Your warranty rights”).
• Placement of the label in physical retail outlets: The options go beyond the previously obvious choice of “next to the product or on the packaging”. Tags or stickers directly on the product (including on unpackaged goods) are also permitted, as is, as best practice, an insert in the packaging together with the warranty terms and conditions.
• No use of the label for other types of guarantee: The GARAN label may only be used for the manufacturer’s commercial durability guarantees. Satisfaction guarantees, money-back guarantees, performance guarantees or other commercial guarantees must not be labelled with it.
• Minimum size of the QR code: The QR code on the label must not be smaller than 2 × 2 cm.
• Advertising use of the label expressly permitted: The Commission expressly permits the use of the GARAN label in marketing banners, digital carousels and third-party platforms. However, where multiple products are displayed, it must be clearly identifiable which specific product is covered by the guarantee. In practice, this promotional use is likely to mean that information must also be provided in parallel regarding the terms of the guarantee under Section 246a(1)(12) of the Introductory Act to the German Civil Code (EGBGB).
• Inter font: The Inter font (Regular, SemiBold, ExtraBold) is mandatory for the GARAN label – including the editable fields (brand, model, year).

Conclusion

These information requirements must be complied with by 27 September 2026. Will the high cost of implementation lead to fewer warranties, even though dealers have already, in their own interests, indicated such a warranty in their terms and conditions? Will there be a wave of warnings, as is often predicted with complex changes, based on regulations against unfair competition? It is too early to say. The only certainty is that the changes will neither bring any noticeable benefit to consumers, who are already inundated with information, nor will they contribute to environmental protection.