Consumer protection and e-commerce

The regulatory requirements for digital business models are becoming increasingly complex. In 2024, significant changes were introduced, particularly in consumer protection law. Alongside the adoption of new digital regulations,e-commerce businesses face additional challenges from new EU initiatives and court decisions. The Noerr Commercial Update 2025 provides an overview of the current legal issues in consumer protection law, such as accessibility, product safety and the withdrawal button.

Implementing the withdrawal button

A major update in digital consumer protection is the introduction of a mandatory withdrawal button (in German). According to Directive (EU) 2023/2673, which came into force in December 2023, EU member states must implement regulations requiring businesses to provide a clearly visible “withdrawal function” for consumers by 19 December 2025.

However, the practical implementation presents many challenges. Customising the button to match specific withdrawal periods is technically almost impossible. On the other hand, permanently displaying the button could lead to an increase in unauthorised withdrawals. The Directive lacks detailed guidance, making compliance complex (see: Billing/Vetter, K&R 2024, 387 for details). While it remains unclear whether the withdrawal button will truly benefit consumers, companies will face significant additional challenges. E-commerce businesses should start planning the technical implementation early and closely monitor the implementation process in Germany.

Due diligence obligations for digital services

The Digital Services Act (DSA) has been fully in effect since 17 February 2024. It applies to all intermediaries, such as internet access services, hosting providers, platforms, online marketplaces, and search engines. The DSA introduced extensive due diligence obligations, including measures against illegal content and transparency requirements for algorithms. It also provides for liability of platforms if an average consumer can assume that the platform is the contractual partner or monitors the relevant company.

Very large online platforms are governed by strict compliance requirements. Noncompliance with these requirements can lead to fines of up to 6% of their annual global revenues. Germany’s Federal Networks Agency (Bundesnetzagentur) is the authority responsible for monitoring implementation in Germany. Early practical experiences (in German) highlight the challenges of adapting existing compliance structures to meet these new rules.

Additionally, on 14 May 2024, the German Digital Services Act (Digitale-Dienste-Gesetz – DDG) came into force, now governing the general obligation to display a legal notice on websites and thus replacing the German Telemedia Act (Telemediengesetz – TMG).

New product safety requirements

The new General Product Safety Regulation (EU) 2023/988 (GPSR) has been in effect across all EU member states since 8 December 2024. This regulation aims to modernise product safety requirements and strengthen consumer protection, particularly in online purchases.

Under the GSPR, manufacturers, importers, and retailers face more extensive safety and information obligations. The expanded labelling requirements are especially relevant: Products have to display details of the manufacturer (name, address, email address). Authorities have more options to conduct random checks. Companies should ensure they are GPSR compliant (in German) early on, since more official checks are expected in 2025.

Improved accessibility

From 28 June 2025, the new German Accessibility Improvement Act (Barrierefreiheitsstärkungsgesetz – BFSG) will take effect. It requires companies to make their digital offerings accessible to everyone. This includes features like user-friendly interfaces, proper display compatibility, adequate colour contrast, and adjustable text sizes. The scope of application is very broad and generally includes all providers of online shops and platforms.

Non-compliance could lead to fines or official recall or cessation orders. There may also be consequences under competition law if competitors notice infringements. Consumers will have new ways to file complaints. To avoid these risks, early technical and organisational preparation (in German) is essential.

Introduction of a right of repair

Another European initiative relates to the repair of goods. Directive (EU) 2024/1799, published on 10 July 2024, provides for a “right of repair” for certain products during their entire lifecycle. Manufacturers of these products (e.g. household appliances and smartphones) must offer consumers repair services either free of charge or at a reasonable cost. The Directive also creates legal incentives to repair goods (remedy rather than replacement when choosing the method of supplementary performance). Germany must implement the new legal rules by 31 July 2026, including penalties for non-compliance.

Cancellation button

The cancellation button, mandated since July 2022 under section 312k of the German Civil Code (Bürgerliches Gesetzbuch – BGB) continued to be a focus of German courts in 2024. For example, courts addressed whether this legally required button must also appear on third-party websites used by providers to sell their products, or start the order process. Both the Celle Higher Regional Court (decision of 11 June 2024 – 13 U 7/24) and the Hamburg Higher Regional Court (judgment of 26 September 2024 – 5 UKl 1/23) confirmed that it does. Another issue was whether the cancellation button only has to be accessible after consumers log into their accounts. The Nuremberg Higher Regional Court ruled that it must be accessible without any login requirements (judgment of 30 July 2024 – 3 U 2214/23). Additionally, the Dusseldorf Higher Regional Court examined how the confirmation button, which appears after the cancellation button, must be designed (judgment of 23 May 2024 – 20 UKl 3/23).

Price adjustment clauses

The requirements for price adjustment clauses in consumer contracts under the law on standard terms and conditions are also subject of recent court decisions. While these clauses are often discussed in energy supply contracts, two rulings by the Berlin Higher Regional Court on 15 November 2023 (23 U 112/22 and 23 U 15/22) focused on streaming services. The court found that a price adjustment clause is not justified if the contract allows for short notice periods and if it is technically feasible for the service provider to request customer consent for price changes each time the service is used.

Divergent case law on limitation periods in connection with invalid standard terms

Additionally, there were two key rulings in 2024 on limitation periods for consumer claims: The Court of Justice of the European Union ruled on 25 January 2024 that limitation periods for consumer reimbursement claims only begin when consumers are aware of both the facts and their legal implications.

However, on 9 July 2024, the German Federal Court of Justice ruled differently in a case involving premium-aided savings contracts. The court held that limitation periods begin as soon as consumers know the relevant facts, regardless of whether they understand their legal significance. This divergence creates uncertainty in practice and could lead to new legislative initiatives or further court rulings.

Outlook

Regulation of digital business transactions will continue to become even stricter. Key changes under new laws like the Digital Services Act (DSA) and General Product Safety Regulation (GPSR) will require businesses to make significant adjustments. At the same time, companies should prepare early for upcoming changes such as those related to the withdrawal button or the German Accessibility Improvement Act to ensure compliance and avoid penalties.

To stay ahead, businesses need to engage in proactive planning and closely monitor legal developments. This approach will help to meet regulatory demands while maintaining a competitive edge in an increasingly regulated market.

This article is part of the "Update Commercial 2025". All insights and the entire report as a PDF can be found here.