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E-commerce Berlin Expo 2017 - The German E-Commerce Market - Legal Aspects
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Transcript of E-commerce Berlin Expo 2017 - The German E-Commerce Market - Legal Aspects
german E-Commerce Market - legal aspects
1. information obligations
2. legal written warning
3. Consumer in Germany / consumer expectation
german E-Commerce Market - legal aspects1. information obligations
➢ pre- and postcontractual information obligations in distance contracts
➢ Imprint➢ general terms and conditions➢ right of withdrawal➢ „button“ - solution➢ data protection declaration
german E-Commerce Market - legal aspectsthe identity of the trader = Imprint / site notice
it is required that the identity of the trader is
➢easy to recognize
➢directly accessible
➢available at any time
german E-Commerce Market - legal aspects1. Online Disoute Resolution (ODR) - www.ec.europa.eu/consumers/odr
➢ settlement of the ODR-platform
2. Alternative Dispute Resolution (ADR)➢ regulates the work of the ADR entities
Retailers are obliged to keep their
customers informed.
https://www.haendlerbund.de/en/downloads/infografic-course-online-dispute-resolution.pdf
german E-Commerce Market - legal aspectsclear & transparent information on
➢ product
➢ price
➢ shipping costs
➢ payment methods
➢ labeling (e.g. textiles, electrical devices)
german E-Commerce Market - legal aspects
Design of the
order summary page
and
“button”-solution
german E-Commerce Market - legal aspectsfailure to comply with information obligations has an effect on:
1. the period of the right of withdrawal
2. the contract
➢ without the obligation to pay-Button
➢ label „confirm order“ or “send order” is illegitimate
notice: the „Button“ - solution is applicable in all European Countries since 13.06.2014.
german E-Commerce Market - legal aspects2. legal written warning - legislative basis:
➢ UWG (fair trade law) → legal prohibition of unfair competition➢ violation of consumer rights (e.g. obligation of information, right of withdrawal, etc.)➢ illegitimate terms in terms and conditions➢ missing information on freight or postal charges➢ missing information on the total price / basic charge price➢ misleading advertising➢ violation of labelling requirements (e.g. textiles, electrical devices, cosmetics, food)➢ violation of intellectual property rights➢ violation of trademark rights (e.g. abuse of the prominence of the trademark „Puma“)
german E-Commerce Market - legal aspectspossible legal solutions:
➢merchant signs declaration to cease and desist and pays the costs (depend on the degree of infringement)
➢ parties come to a mutual settlement
➢ case goes to court
➢ costs of the legal warning depend on the infringement of the law
➢ every third merchant was affected by a legal warning in 2014
german E-Commerce Market - legal aspectsfacts & figures 2016
➢ number of written warnings is increasing➢ every fifth retailer received a written warning
➢ the average costs of a written warning is more than 500 €
german E-Commerce Market - legal aspects3. Consumer in Germany / consumer expectation
➢demanding, critical, knows about his legal rights➢detailed informations ➢security and safe shopping ➢quick and easy check out ➢high level of customer service ➢fast delivery ➢acceptable methods of payment
➢payment by invoice➢payment via PayPal➢guarantees maximum consumer protection➢first the goods, then the money
german E-Commerce Market - legal aspectscomparison platforms
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Annegret Mayer
Attorney, LL.M ; Head of legal department
ArcusPark/Torgauer Str. 233 Haus B, 04347 Leipzig
Telefon: 0341/ 926 59 0
Telefax: 0341/ 926 59 100
E-Mail: [email protected]
Internet: www.haendlerbund.de