Button solution

The button solution, also known as the “button solution” or “confirmation solution”, is a legal regulation in German e-commerce law that aims to protect consumers from unintentional online purchases. It was introduced in 2012 and has been a central element of consumer protection in online retail ever since.

Legal basis

The legal basis for the button solution can be found in:
1. Section 312j (3) BGB (German Civil Code)
2. Article 246a Section 1 (1) sentence 1 no. 15 EGBGB (Introductory Act to the German Civil Code)

These regulations transpose the EU Consumer Rights Directive (2011/83/EU) into German law.

Core elements of the button solution

1. clear labeling: The order button must be clearly labeled with the words “order with obligation to pay” or a similarly clear formulation.

2. immediate proximity: The key information about the contract (e.g. price, delivery costs, minimum term) must be summarized again in the immediate vicinity of the button.

3. clear design: The button must be graphically designed in such a way that it is recognizable as the final order step.

4. no misleading additions: Formulations that could mislead the consumer about the payment obligation are not permitted.

Legal consequences of non-compliance

1. no effective conclusion of contract: If the button solution is not observed, no effective contract is concluded.
2. contestability: The consumer can contest the contract if the button solution has not been implemented correctly.
3. warnings: Violations can lead to warnings under competition law.
4. fines: Fines may be imposed in serious cases.

Practical implementation

Online retailers must consider the following aspects when implementing the button solution:

1. clear design of the ordering process: The entire ordering process must be transparent and comprehensible.
2. clear button labeling: Common formulations are “Buy now”, “Order with costs” or “Order with obligation to pay”.
3. summary of contract information: Essential information must be listed again directly before the order button.
4. Technical implementation: The button solution must be displayed correctly on all end devices (desktop, tablet, smartphone).

Challenges and current developments

1. international stores: Foreign online stores that are aimed at the German market must also comply with the button solution.
2. app purchases: The application of the button solution for in-app purchases is sometimes controversial and the subject of legal discussions.
3. new payment methods: The integration of one-click payments or wallet solutions must be harmonized with the requirements of the button solution.
4. borderline cases: For certain business models (e.g. subscriptions, freemium models), the correct implementation of the button solution can be complex.

Significance for German e-commerce

The button solution has a significant impact on German online retail:

1. consumer protection: It strengthens consumer confidence in online purchases.
2. legal certainty: Correctly implemented button solutions offer retailers protection against disputes and warnings.
3. competitive factor: Compliance with the button solution can serve as a quality feature.
4. international adaptation: Foreign retailers must adapt their stores for the German market.

Conclusion

The button solution is a central element of consumer protection in German e-commerce. It forces online retailers to ensure transparency and clarity in the ordering process and protects consumers from unintentional purchases. Although its implementation can initially be a challenge for retailers, it contributes to trustworthy online retail in the long term. In view of advancing digitalization and new business models, the correct implementation of the button solution remains an important issue for all companies active in e-commerce. It is to be expected that case law and possibly also the legislator will further specify the regulations on the button solution and adapt them to new technological developments.