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Germany: Planned amendments to the German Civil Code to strengthen consumer protection rights

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In brief

On November 3, the German Federal Ministry of Justice and Consumer Protection published two draft bills for the implementation of certain aspects of the Directive on digital content and services (Directive (EU) 2019/770) and the Directive on better enforcement and modernisation of consumer protection rules (Directive (EU) 2019/2161). The Directive on digital content and services must be transposed by the German legislator into national law by July 1, 2021, which in turn must be applied beginning January 1, 2022. The Directive on better enforcement and modernisation of consumer protection rules must be transposed into national law by November 8, 2021, which in turn must be applied beginning May 28, 2022. If adopted, the draft bills will amend the German Civil Code, inter alia, supplementing the requirements for distance selling contracts, introducing new rules for consumer contracts about digital content and services, and providing for new information obligations for online market places as well as amend the Introductory Act of the German Civil Code by introducing a new administrative fine for violations of certain consumer protection law obligations.

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Julia Kaufmann is a partner in the Munich office of Baker McKenzie. She has been admitted in Germany since 2006 and in New York, USA, since 2009. In addition to her studies in Germany, Julia obtained her Master of Laws degree at the University of Texas at Austin, USA.

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Dr. Michaela Nebel is a partner in the Frankfurt office of Baker McKenzie since June 2011 and was admitted as an attorney to the German bar shortly after. Prior to joining Baker McKenzie she studied law at the University of Passau. She obtained her Doctor of Law degree on a topic related to privacy in the Web 2.0. From July until December 2014 she practiced at the San Francisco office of Baker McKenzie. She is a member of the International Association of Privacy Professionals (IAPP) and since May 2015 a Certified Information Privacy Professional/Europe (CIPP/E) and since May 2017 a Certified Information Privacy Professional/United States (CIPP/US). She is also the author of numerous articles on information technology law, in particular on data protection law and e-commerce law, and the co-author of an English language commentary on the EU General Data Protection Regulation. In 2017/2018, Michaela received several recommendations for data protection law in kanzleimonitor.de.

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Dr. Johannes Teichmann is a senior associate in Baker & McKenzie's Munich office. He joined the Firm in 2008 and has worked in the Firm’s Barcelona office for four months in 2013. Dr. Teichmann advises clients on all aspects of commercial and distribution law and related competition law. He drafts and negotiates agency, distribution and franchise agreements as well as commercial agreements, such as purchase and supply, service, manufacturing and co-operation agreements, and advises on standard agreements. He assists in the reorganization of distribution systems and advises on related competition law matters. Dr. Teichmann also represents clients in commercial disputes and litigation, and is regularly involved in transactions. He frequently gives in-house trainings and publishes on distribution law matters, in particular regarding cross-border contracts and consequences of termination of distribution agreements.

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Prof. Dr. Michael Schmidl is an honorary professor at the University of Augsburg and specialist lawyer for information technology law (Fachanwalt für IT-Recht). He is a partner at Baker McKenzie´s Munich office and advises in all areas of contentious and non-contentious information technology law, including internet, computer/software, data privacy and media law. Mr. Schmidl also has a general commercial law background and has profound experience in the drafting and negotiation of outsourcing contracts and in carrying out compliance projects.

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Florian Tannen is a partner in the Munich office of Baker McKenzie with more than 10 years of experience. He advises on all areas of contentious and non-contentious information technology law, including internet, computer/software and in particular data privacy law. Before joining the Firm, Florian worked for two major law firms and a large US-based technology company.

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