More consumer protection when buying apps and software

On November 3, 2020, the Federal Ministry of Justice and Consumer Protection presented drafts for the implementation of the Digital Content Directive and…

On November 3, 2020, the Federal Ministry of Justice and Consumer Protection presented drafts for the implementation of the Digital Content Directive and the contractual provisions of the Modernization Directive for improved consumer protection when purchasing software and apps as well as on online marketplaces.

Key points of the law implementing the directive on certain aspects of contract law relating to the provision of digital content and digital services:

In the future, online marketplaces such as eBay or Amazon will be subject to significant information requirements for the benefit of consumers:

  1. In the future, they will be obliged, among other things, to disclose the essential criteria of the ranking of search results and their weighting by no later than the beginning of the ordering process.
  2. In the future, they must inform consumers whether their potential contractual partners are entrepreneurs or consumers.
  3. The draft also contains a new regulation on the resale of tickets via ticket exchanges for the benefit of consumers. In the future, the provider shall provide information about the original ticket price set by the organizer.
  4. In addition, a duty to inform is introduced for providers if a price has been personalized on the basis of an automated decision.

The corresponding PDF can be found as follows

-> Draft Act Amending the Civil Code and the Introductory Act to the Civil Code in Implementation of the EU Directive on Better Enforcement and Modernization of Union Consumer Protection Rules

-> Draft law implementing the directive on certain aspects of contract law relating to the provision of digital content and digital services