• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Right of withdrawal for sales of blockchain content

22. December 2022
in Blockchain and web law, Online retail
Reading Time: 3 mins read
0 0
A A
0
The Right of withdrawal - German text highlighted in neon green

The Right of withdrawal - German text highlighted in neon green

Key Facts
  • Blockchain providers frequently sell tokens and NFTs, often without complying with German consumer protection law.
  • If there are errors in the cancellation policy, buyers can cancel their contracts in the long term, even after 14 days.
  • According to the EGBGB, companies must inform consumers about the right of withdrawal before the contract is concluded and provide a withdrawal form.
  • The post-contractual obligations require written confirmation of the content of the contract on a durable medium.
  • Failure to comply with these obligations can lead to financing gaps and mass reclaims from consumers.
  • Timely advice from experts is important in order to avoid existential problems in sales processes.
  • The period for exercising the right of withdrawal ends after 12 months and 14 days at the latest.

Content from blockchain providers in particular, be it coins of various kinds, utility tokens, security tokens or NFTs, is generally sold digitally via the Internet. In the vast majority of cases, however, this does not comply with mandatory German consumer protection law. Partly out of ignorance, partly out of ignorance, partly out of stupidity.

Content Hide
1. Pre-contractual information
2. Post-contractual obligations
3. The consequences
4. Other defects
4.1. Author: Marian Härtel

However, providers rarely realize that this can lead to long-term revocation options for buyers, regardless, by the way, and possibly even regardless of whether the coins have already been used for services.

One of the most important and probably at the same time most often ignored regulations, concerns the right of withdrawal.

Pre-contractual information

A company is pursuant to Art. 246a $ 1 para. 2 sentence 1 no. 1 EGBGB namely obliges to inform consumers about the conditions and deadlines of the statutory right of withdrawal as well as to provide the model withdrawal form. According to Art. 246a $ 4 EGBGB, this information must be provided to the consumer in a clear and comprehensible manner even before he makes his contractual declaration; in the case of a distance contract, the provision of such adapted information is possible in an informal and adapted manner, but the information must be The information must be easy to find – for example, by displaying the cancellation policy and form in HTML text directly on the provider’s website or by linking directly to it.

Post-contractual obligations

What many providers also forget are the post-contractual obligations. This is because, in the case of distance contracts, the supplier is obliged to § 312f para. 2 BGB obliged to provide the consumer with a confirmation of the contract, in which the content of the contract is reproduced, on a durable medium within a reasonable period after the conclusion of the contract, but no later than when the performance of the service begins. Here it is imperative to consider that a further reference to a link is NOT sufficient, because the entrepreneur must provide the customer with the revocation instruction in a form that cannot be subsequently changed by the entrepreneur. This is conceivable, for example, in the form of a PDF file attached to an e-mail. Of course, this durable medium could also be provided before the contract is concluded. However, the implementation of this approach is seldom too pragmatic, and it is fraught with numerous evidentiary problems.

The consequences

The consequences can be devastating for providers, because if the conditions have not been met, the withdrawal period begins according to § 356 para. 3 BGB not to run. Buyers of tokens or coins who may feel cheated, disappointed about loss of value, or who do not receive adequate performance of some other kind can therefore still revoke the contract and demand their money back well after the known 14 days. This can quickly create a dangerous funding gap for suppliers if this information becomes known and a larger group of buyers collude accordingly. However, there is a deadline here as well. This can be found in § 356 para. 3 sentence 2 BGB. Dhe right of withdrawal shall thereafter expire no later than twelve months and 14 days after the point in time specified in paragraph 2 or § 355 paragraph 2 sentence 2 BGB. So, even as a buyer, you shouldn’t take too long. Since an incorrect (or even completely missing) revocation statement can also lead to warnings, providers should consider curing the situation as soon as possible by sending a correct revocation statement on a durable medium.

Other defects

There are other deficiencies in sales processes that often occur especially with inexperienced startups, foreign entrepreneurs or even poorly advised sellers, and which in the worst case can lead to the mass reversal of sales without the sellers currently being aware of this. As a rule, these are then existential problems. However, I will deal with the shortcomings in next week’s article. However, legal advice should at least always be worthwhile if you do not use absolutely professional systems such as WooCommerce, Shopify, etc.. I have years of experience in these matters and can advise effectively on them.

 

Marian Härtel
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.

Tags: BeratungBlockchainCancellation policyConsumerConsumer protectiondigitalE‑mailFinancingInformationinternetMailserviceSicherheitStartupsTestTokenVerträgeWarning

Weitere spannende Blogposts

Invoice for fake order? BGH says: Is anti-competitive

Online shops: Attention to advertising with EIA
23. September 2019

The Federal Court of Justice has passed a judgment that could well have the potential to cause headaches for many...

Read moreDetails

Online shops: Attention to fees for Paypal and instant bank transfer!

Online retailer: Notice of warranty of defects
14. December 2018

In a recent judgment, the District Court of Munich prohibited Flixbus from charging separate fees for the use of "PayPal"...

Read moreDetails

ECJ rulings strengthen data protection: important clarifications on liability and compensation for damages

ECJ rulings strengthen data protection: important clarifications on liability and compensation for damages
15. December 2023

The recent decisions of the European Court of Justice (ECJ) in the cases Natsionalna agentsia za prihotide (C-340/21) and Gemeinde...

Read moreDetails

10 aspects computer game developers should look for in a publishing contract

judge plays videogames in his spare time
27. July 2023

A publishing contract can be the turning point in any game developer's career, contributing to the growth and success of...

Read moreDetails

Why are contracts important?

Why are contracts important?
2. July 2019

I often write here in the blog about how important I think it is for certain industries to work on...

Read moreDetails

Facebook and the NetzDG

Facebook pages, data protection and August 1, 2019
3. April 2023

The Münster Higher Administrative Court recently ruled in an urgent decision that the obligation to provide a counter-appeal procedure provided...

Read moreDetails

OLG Cologne: Cloudflare liable as perpetrator

OLG Cologne: Cloudflare liable as perpetrator
9. November 2023

Introduction In a landmark decision, the Cologne Higher Regional Court has recalibrated the liability of service providers in the area...

Read moreDetails

Esports tournament winnings: when and how are they taxable?

ce956c7a26bdb4f4bc2bf92a0fb460ec
13. August 2024

As a lawyer who represents many tournament organizers, esports players and esports teams, I realize that the issue of taxation...

Read moreDetails

Esports Europe: A Commentary

Callback option and other chat options
7. November 2022

A European umbrella organization in esports has just been established. This is to be my comment on the foundation and...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024

Welcome to the third episode of our podcast "IT Media Law"! In this episode, we delve into the fascinating world...

Read moreDetails
238a909c26a0302cbd4792cbd18e4922

Global challenges for start-ups – A legal guide

10. October 2024
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024
86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024
43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung