E-Commerce

What is allowed and what is prohibited on the Internet? Operators of websites and online stores must comply with a number of legal rules in order to avoid warnings and other problems. CCI guide to Internet law

The DSGVO provides legal rules for the processing of personal data within the European Union. Failure to comply with these rules may result in expensive warnings and fines.

• Practical tips for dealing with the DGSVO for websites (CCI)
• Case study DGSVO: Data protection for small businesses – what’s new? (CCI)
• A list of GDPR compliance tools as suggested by the CCI

One aim of GTC is to reduce liability and risk as far as possible. Whether individual provisions in GTC are permissible and necessary depends, among other things, on the industry. Some industry associations and publishers provide sample GTC. Lawyers specializing in contract law draw up individual GTC. General terms and conditions are only effective if they are included in the respective contract – and for this there are special rules for online trade. CCI guide to general terms and conditions

Sales law regulates topics such as warranty, possible compensation claims, the right to exchange and return goods, as well as specific aspects of international sales contracts.  CCI guide to sales law

Companies must have adapted their digital products and services to new contract law rules since Jan. 1, 2022. Article “New law for digital products“

A cancellation button must be provided if companies conclude contracts with consumers online that bind the consumer in the long term.

A basic 14-day right of revocation or cancellation applies for online shopping. Exceptions are perishable foodstuffs or made-to-measure and custom-made products that have been specially produced for a customer. In addition, there are also legal warranty claims for defects or delays in the agreed delivery. CCI guide to the right of return

Whether manufacturer, importer, or retailer – anyone who puts products on the German market must ensure that the products meet the European regulations for product safety or else risk liability procedures, sanctions, and loss of reputation. Product safety regulations also affect labeling and information obligations.
CCI guide to product safety
CCI guide to product liability

Special regulations exist for a number of products, such as:
– Toys
– Electrical products
– Textiles
– Cosmetics
– Food supplements
– Medical products
– Food production and or trade

Anyone who manufactures, imports or additionally packages goods in Germany required to monitor compliance with obligations under the Packaging Act (Verpackungsgesetz, VerpackG).  Ths includes downstream distributors in the supply chain, online marketplaces, online retailers and fulfilment service providers. You are required to register with the LUCID Packaging Register.  Does your packaging accumulate as waste with private final consumers? Then you will also have to obtain a packaging license from officially approved (dual) system(s) that acts as a take-back system.

• In German: IHK guide to packaging law
• In English: Central Agency Packaging Register – ZSVR

Logos of companies or individual products are capable of being registered as a trade mark. An important prerequisite is that you do not violate any existing trademark rights and business names. An Internet domain name or your company name may be protected by use in a business context – limited to the geographical reach of your company’s business activity. CCI guide to protecting names and logos

When it comes to doing business abroad, you need to check what tax and legal regulations apply. Rules are complex and you might require professional assistance. Find out more in our international topics check.

For deliveries from suppliers or to customers based in other EU countries or third countries: Find out in advance how to manage input tax [Vorsteuer] and value-added tax [Umsatzsteuer]. Even companies that make use of the “provision for small businesses” [Kleinunternehmerregelung] can be affected! CCI guide to value-added tax

Online retailers must pay VAT in other EU countries if their sales to non-business customers (i.e. private end consumers) in other EU countries is more than 10,000 euro net (including shipping costs) in a calendar year. This also applies to small businesses, i.e. regardless of whether an online retailer is obliged to pay VAT in Germany. This 10,000 euro threshold value includes all products and services sold, including digital services such as downloads. In order to register and pay this tax in other EU countries you can use the One Stop Shop procedure (OSS), which involves registering with the Federal Central Tax Office in Germany and submitting your tax declaration to them for your entire EU sales.
More information on registering for OSS
Federal Central Tax Office: The One Stop Shop EU regulation