PackG: Affiliates, Merchshops, Dropshipping affected?

Does the PackG apply to streamers, esport teams, etc.?

Content Hide

1. Does the PackG apply to streamers, esport teams, etc.?

2. Attention to shirts and other goodies

In line with my post from yesterday, I would like to share a few case studies that relate to typical situations for my clients such as streamers, esports teams or smaller online stores.

In which cases do you have to think about the Packaging Act, make registrations with the Foundation Central Office Packaging Register and also take care of the connection to the Dual System?

In the case of affiliates, i.e. the use of pure links that refer to another shop and where commissions are paid in the case of brokered customers (whether on a click or success basis), the Packaging Act is not applicable. This is ONLY relevant if you are marketing packaging or packaging material NEW yourself. This is not the case if you are not a supplier of the products yourself.

Attention to shirts and other goodies

This difference is also relevant when it comes to shops such as spreadshirts, in which the provider is also the respective supplier of the T-shirt or other merch. Here, the sending/provider must take care of a proper registration. But beware. There may be differences here. For example, I know that some teams use the services of providers such as Shirtee. This and similar other providers are ONLY fulfillment providers. More care must be taken here. In this case, in case of doubt, the teams themselves can be responsible for the regulations of the Packaging Act and in this case, in case of doubt, authorities, in the worst case warning competitors, will check that all packaging is properly licensed. Are. There are fullfillment providers who take over the packaging material for the customers (i.e. the teams) themselves and charge them within the limits of the fees. However, there are also providers who only point out the obligation and do nothing else. In the area of fullfillment, the team, the streamer, the influencer, etc. is usually the legal provider and must not only pay attention to the correct tax construction, but is also subject to the Packaging Act. This applies in particular to the products themselves. For example, if a T-shirt is a plastic film or a cup of cardboard, this packaging must also be licensed. As written yesterday, it must/should be documented that this is done in full.

And dropshipping?

This is absolutely similar in the case of dropshipping (which is very similar to fullfillment), because in this case the provider is not the dropshipping provider, but you yourself. Often parcels are even sent in online retail at the address of the dropshipping contractor. In theory, the dropshipping partner, i.e. the original dealer, is responsible. However, it is doubtful whether dealers of Alibaba in China, for example, or companies such as BigBuy in Spain, comply with the German packaging law. In this area, therefore, a hedge must be provided by the dropshipping contractor.

In cases where, as a team, streamer or other supplier, you give products in packaging yourself, the obligation is obvious. Although the manufacturer would also be responsible for the original packaging, this applies accordingly to dropshipping. It should therefore be written for all products from the supplier that the supplier is complying with obligations in the Packaging Act. For the repackaging for shipping, a separate registration with the Foundation Central Office Packaging Register is then necessary. Of course, this also applies if you send out T-shirts or other goodies yourself as an esports team, influencer or similar.

In addition, the following applies:

Last but not least, other cases should also be mentioned briefly. In principle, any packaging that is placed on the market for the first time in the future must be licensed in the future. While this naturally concerns priority online shops and the like, the standards in question are as follows:

[…]
(8) Packaging subject to system shareholdings shall be sales and repackaging filled with goods which, after use, is typically generated by the private end user as waste.

9. Any supply to third parties, whether for consideration or free of charge, within the scope of this Act with the aim of distribution, consumption or use shall be placed on the market.
[…]

With good justification, for example, regular competitions whose prizes are sent to end consumers with packaging, goodies to fans of an esports team and basically everything that you sell to non-entrepreneurs as a commercial provider(and as I have often written, the limit for when you are acting commercially is not set high) and which typically generates waste could also be affected by the regulations.

Although it is not too likely that the first warnings and fines will be issued in these somewhat ambiguous areas, this should be kept in mind and, if necessary, professional advice should be taken.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.