Service Information Obligations Ordinance (DL-InfoV)

Legal definition and context of origin

The Service Information Obligations Ordinance (DL-InfoV) is a federal ordinance with a complex history. It was issued on March 12, 2010 and came into force on May 17, 2010. The legal basis is Section 6c and Section 146(2)(1) of the German Trade Regulation Act. The regulation serves to implement the EU Services Directive 2006/123/EC and aims to improve transparency and consumer protection in the services sector. It was created against the backdrop of European internal market harmonization and was intended to reduce information barriers in the movement of services. The regulation applies to a large number of service providers, including commercial and freelance activities. It supplements existing information obligations from other legislation. The creation of the regulation marks a significant step towards the standardization of service information in Europe.

Personal and material scope of application

The scope of application of the DL-InfoV basically includes all service companies that fall within the scope of the EU Services Directive. This includes tradespeople from sectors such as trade, gastronomy, crafts and IT services. Freelance service providers such as legal and tax consultants, architects and others are also covered by the regulation. Certain services such as financial, transport and health services are excluded. The regulation distinguishes between information that must be kept available at all times and information that is only provided on request. The information obligations apply regardless of the legal form of the service provider. For companies, this means a comprehensive obligation for transparency. The regulations aim to reduce information asymmetries between service providers and recipients. The regulation creates a uniform framework for information obligations in the service sector.

Information obligations and forms of notification

The DL-InfoV defines eleven specific information obligations that service providers must fulfill. These include details of the company, legal form, contact details, commercial register and professional liability insurance. The regulation offers four options for providing information: direct notification, posting at the place of performance, electronic accessibility or inclusion in information documents. The information must be provided in a clear and comprehensible form before the contract is concluded or the service is provided. The information obligations supplement existing regulations such as the German Telemedia Act and the German Civil Code Information Obligations Ordinance. For companies, this means a comprehensive documentation obligation. The regulation creates transparency and legal certainty for service recipients. The provision of information must be easily accessible and comprehensible.

Price information and non-discrimination

The ordinance contains specific regulations on price information that do not apply to consumer services. § Section 4 DL-InfoV defines requirements for price transparency for business customers. In addition, Section 5 standardizes a ban on discriminatory provisions in general terms and conditions. These provisions aim to ensure fair business practices and prevent distortions of competition. The regulations promote transparency and legal certainty in the service sector. For companies, this means an obligation to set fair prices. The regulations are intended to ensure a level playing field and consumer protection. The regulation creates a framework for transparent pricing.

Legal consequences and enforcement

Violations of the information obligations can lead to legal consequences, including possible warnings. The regulation offers consumers and business partners a mechanism for checking service providers. Control authorities can monitor compliance with the information requirements. Non-compliance may result in potential sanctions and competitive disadvantages. The regulation creates a framework for transparent and fair business practices. For companies, this means a comprehensive compliance obligation. Case law is continuously developing approaches to interpreting the information obligations. The regulation offers legal certainty for service providers and recipients.

Future prospects and challenges

The DL-InfoV is facing challenges due to digital transformation and cross-border services. New technologies and business models require continuous adjustments to information obligations. The regulation must react flexibly to technological and economic changes. Future amendments are likely to take greater account of digitalization and international service provision. For companies, this means a need to constantly adapt their information processes. The regulation must maintain a balance between transparency and practicability. Digital platforms and new forms of services pose new challenges for the regulation.