New information obligations for entrepreneurs from 01.02.2017
With effect from 01.02.2017, entrepreneurs must supplement their website and general terms and conditions under certain conditions. The background is the entry into force of the consumer dispute settlement law. This law represents the simple legal implementation of the EU directive 2013/11/EU on the alternative settlement settlement of consumer law disputes. With the introduction of this law, consumers and companies should be able to enclose their disputes before they clarify in court, in extrajudicial procedures such as arbitration or arbitration procedures. The consumer protection level should be improved with regard to dispute settlement instruments, which in turn is intended to strengthen consumers' trust in the markets and international business qualifications. The responsible arbitration boards must meet certain requirements. They are committed to confidentiality and are subject to the quality requirements of the consumer dispute settlement law (VSBG).
What do I need to know? Affect me the notes?
On the one hand, the VSBG provides a general obligation to provide information (§ 36) and on the other hand a specific obligation to refer in the event of a dispute (§ 37).
§ 36 VSBG applies to entrepreneurs,
who employ more than 10 people and
operate a website or use general terms and conditions.
According to this, the consumer must be easily accessible and understandable about the extent to which he is ready or obliged to participate in dispute settlement procedures of a arbitration board. The responsible consumer arbitration board must be pointed out, stating the address and website. This information is clearly and understandable on both the website and on the general terms and conditions.
According to § 37 VSBG, every entrepreneur, regardless of the size of the company, is obliged. He must also inform the consumer about the responsible consumer arbitration board and the willingness to participate in an arbitration procedure if a dispute with the consumer cannot be resolved.
Furthermore, entrepreneurs who enter into online purchase contracts or online service contracts must lead a link to the EU's Oline dispute settlement platform on their website. The link is as follows:
www.ec.europa.eu/consumers/odr
This obligation emerges from Art. 14 of the ODR regulation No. 524/2013 of the EU.
How do I implement these obligations?
If there is an obligation in accordance with Section 36 or Section 37, a corresponding implementation should be carried out promptly.
It is advisable to specify the obligations of § 36 VSBG and the provision of the link in the imprint of a website. In general terms and conditions, it is advisable to include the declaration according to § 36 VSBG in an independent clause. This is most likely to correspond to the requirements of the law because it is so easily accessible and understandable. A proposal for the website would be:
The company XY is fundamentally ready/not ready to take part in dispute settlement procedures at the arbitration board (responsible arbitration board).
Responsible consumer arbitration board:
Name of the arbitration board
address
website
What happens if I don't comply with these duties?
With the creation of the VSBG, the legislator has also regulated that the duties are a warning in the sense of the omission lawsuit law. This means that the entrepreneur who does not comply with the duties of associations (e.g. consumer associations) or chambers (e.g. chambers of trading) can be asked to comply with the obligation. Costs can already follow from this. At the latest, however, a judicial discussion results in costs.
Warning by other market participants according to the law against unfair competition (UWG) are also conceivable. Such disputes are also associated with costs. In order to prevent these risks, compliance with the duties is generally advisable.
