OLG Nuremberg Clarifies Requirements for the Termination Button under Section 312k BGB
In its final judgment of July 30, 2024 (Ref. 3 U 2214/23), the Nuremberg Higher Regional Court made important clarifications regarding the design of the termination button in accordance with Section 312k BGB. This decision is one of a series of rulings that specify the practical implementation of legal requirements for online termination notices.
Section 312k BGB, which came into force on July 1, 2022, obliges companies that enable consumers to conclude contracts via their website to also provide a simple and immediate termination option. The aim of this regulation is to strengthen consumer protection and prevent so-called dark patterns that make it difficult for customers to terminate their contracts. This was the legislator’s response to the increasing practice of some companies making contract conclusion simple, but termination more difficult through complicated processes. The standard stipulates that the termination button must be clearly legible, immediately, and permanently available, which has led to numerous questions and legal disputes in practice.
Key Clarifications on the Termination Button by OLG Nuremberg
The OLG Nuremberg dealt with the question of whether a company’s termination button complied with legal requirements. The court clarified the following key points:
- Labeling: The wording "Terminate here" was deemed sufficient to meet the legal requirements.
- Positioning: The termination button must be immediately and permanently available. Placement in a customer account, which is only accessible after login, does not meet the legal requirements.
- Functionality: The button must lead directly to a termination option without any further intermediate steps being necessary.
Practical Implications for Companies
This decision has far-reaching consequences for companies that offer online contracts:
- Accessibility: The termination button must be accessible without prior registration or login. This aligns with rulings like those ensuring cancellation of online subscriptions without a password.
- Directness: After clicking on the button, the user should be taken directly to the cancellation option.
- Clarity: The label "Cancel here" is considered sufficient and legally compliant.
Trend in Case Law Regarding the Termination Button
The judgment of the Higher Regional Court of Nuremberg is part of a broader development in case law on the subject of termination buttons. Several articles on itmedialaw.com document and analyze this development:
- Termination assistants and consumer protection: compliance with Section 312k BGB
- Cancellation of online subscriptions must be possible without a password
- Regional Court Frankfurt a.M.: Other termination options permitted in addition to the termination button on the website
- Online services: Don’t forget the cancel button!
- New ruling by Munich Regional Court: The case of the Sky cancel button and its significance
Conclusion and Recommendations for Action
The ruling of the Higher Regional Court of Nuremberg represents a significant contribution to the specification of the requirements of Section 312k BGB. It clarifies legal requirements and thus creates legal certainty for companies when implementing the termination button. The decision underlines the teleological interpretation of the standard by placing consumer protection in the foreground and demanding a consumer-friendly design of the termination option.
This results in specific instructions for action in practice: Companies are well advised to subject their online termination processes to a critical review and adapt them if necessary. In particular, accessibility without login and direct forwarding to the termination option should be considered essential features of a legally compliant termination button. For further guidance, refer to articles on termination assistants and consumer protection.
It remains to be seen whether this case law will be consolidated in further rulings and whether the legislator will follow suit if necessary. Companies should closely follow developments in this dynamic area of law in order to act in accordance with compliance and minimize potential warning risks. A regular legal review of your own online presence, taking into account current case law, is therefore strongly recommended.