What was for a long time associated with high liability risks and warning letters from lawyers, will now be made easier by the German government: Free wifi-hotspots. The German government has decided to modify the so called “Stoererhaftung” – the liability of the operator of a wifi-hotspot for any infringements of law committed through the hotspot. However, even though rumor still has it a few days after the presentation of the draft for the new German Teleservices Act, this does not mean that operators of wifi-hotspots now will not be liable for whatever happens through their hotspot. To speak of a complete abolition of “Stoererhaftung” is a bit too much, at least at the moment.
Online-shops that officially trade as B2B-shops must comply with European consumer protection regulations or make actually sure that only business customers can place orders in the shop. In order to ensure that consumers do not use the shop, it is not sufficient to provide the respective disclaimer on the website. That was recently ruled by the Regional Court in Dortmund.
In March 2012 the German Federal Legislator adopted several comsumer protection statutes that will have considerable impact on B2C e- and m-commerce business activities in Germany, implementing, in particular, Art. 8 (2) of Directive 2011/83/EU. The new law applies to any contractural transaction that is entered into via electronic means of communication and leads to payment obligations for the consumer, i.e. any purchase of a book in an online shop, any subscription of content services made as an in app purchase, as well as any other such contract unless it is free of charge. Continue reading