In its final judgment of 30.07.2024 (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 the legal requirements for online notices of termination.
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 of making the conclusion of contracts simple, but making 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 points of the ruling
The OLG Nuremberg dealt with the question of whether the termination button used by a company complied with the legal requirements.
The court clarified the following points: 1. labeling: The wording “Cancel here” was deemed sufficient to meet the legal requirements.
2.positioning: The cancel button must be immediately and permanently available.
Placement in the customer account, which is only accessible after logging in, does not meet the legal requirements.
3.
Functionality: The button must lead directly to a termination option without any further intermediate steps being necessary.
Importance for companies
This decision has far-reaching consequences for companies that offer online contracts: – Accessibility: The cancel button must be accessible without prior registration or login.
– Directness: After clicking on the button, the user should be taken directly to the termination option.
– Clarity: The label “Cancel here” is sufficient and legally compliant.
Trend in case law
The judgment of the Higher Regional Court of Nuremberg is part of a broader development in case law on the subject of termination buttons.
There are several articles on itmedialaw.com that document and analyze this development: 1.
Cancellation wizards and consumer protection: compliance with Section 312k BGB 2.
Cancellation of online subscriptions must be possible without a password 3.
Regional Court Frankfurt a.M.: Other termination options permitted in addition to termination button on website 4. Online services: Don’t forget the cancellation button! 5. New judgment of the Munich Regional Court: The case of the Sky cancel button and its significance
Conclusion
The ruling of the Higher Regional Court of Nuremberg represents a significant contribution to the specification of the requirements of Section 312k BGB.
It specifies the legal requirements and thus creates legal certainty for companies when implementing the cancel 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 concrete 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 are essential features of a legally compliant termination button.
It remains to be seen whether this case law will be consolidated in further decisions and whether the legislator will take further action if necessary.
Companies should closely follow developments in this dynamic area of law in order to act in a compliant manner and minimize potential warning risks.
A regular legal review of your own online presence, taking into account current case law, is therefore strongly recommended.
