Formal requirements in general terms and conditions
The Act to Improve the Civil Enforcement of Consumer Protection Provisions of Data Protection Law (Gesetz zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschutzenden Vorschriften des Datenschutzrechtes) amends Section 309 No. 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB), which previously declared such form requirements invalid that provided for a stricter form than the written form.
However, since this contractually agreed form is less strict than a legally prescribed written form due to the provision of Section 127 (2) BGB, the simple text form is usually sufficient here as well.
Many consumers are unaware of this, so that they do not assume that they are complying with the written form requirement by means of a simple e-mail, although this may already be the case de lege lata.
The legislator took this as an opportunity to amend the norm and adapt it to the practical circumstances in the sense of clarification.
Accordingly, the wording is now directed at the ineffectiveness of a form clause that prescribes a stricter form than the text form.
One consequence of this is that standard contracts must be adapted to the requirement of an amendment in the sense of the new legal situation.
This is because standard terms and conditions concluded as of 01.10.2016 are subject to the new regulation.
We will be happy to help you with our practical experience and expertise as lawyers in the field of contract drafting and, together with you, find a legally effective redrafting within the scope of legal advice.
- Legal Tech Act
- Invalidity of the termination of a tenancy agreement
- Influencer means advertising ?
- Employee must prove illness
- Revocation of a car loan agreement
- Liability of a subsidiary for infringement of competition law?
- Time limitation of an employment
- Price increases for new car
- Termination due to reading and disclosure of data
- Termination because of threats against a supervisor
- Proof of e-mail receipt.
- Termination of Leasing Contract
- EU sanctions targeting Russian citizens.
- Transparency register for all companies
- Insolvency law: indebtedness pursuant to section 19 (2) sentence 1 InsO
- The EU's Russia sanctions
- Payment for licence plate advertising is remuneration
- Employees can be transferred abroad permanently
- Implementation of electronic time recording
- Interest on tax demands and refunds at 6% p.a. unconstitutional
- Data owned by employer
- Weakening of tenants' rights
- Right of withdrawal for brokerage contracts
- BFH, ruling of 23 March 2016, IV R 9/14: Investment deduction amount
- Cartel damage
- Right abuse
- Setting a deadline
- Protection of third parties
- Internet sales platform
- Bonus payments
- Formal requirements in general terms and conditions
- Termination of a management employment
- No cosmetic repairs at the apartment despite "renovation agreement"
- Income tax return due to loan default
- ECJ ruling on copyright infrigements on Youtube
- Gift invalid without notarial certification
- Minimum subsistence Germany 2019-2020
- revocability of employment termination agreements
- Cover under legal expenses insurance
- Termination without notice
- Labour law: leave
- Immigration of qualified staff
- Unpaid leave
- Tax law: liability of a foreign company in germany
- Custom law ruling
- Labour law: compensation adjustment for lawyer fees
- Termination without notice
- Tenancy law
- Immediate notice of dismissal
- Damages in case of violation of a jurisdiction agreement
- Corona quarantine: legal aspects
- No termination without notice
- Labour law decisions around Corona
- Dismissal due to Covid 19 quarantine invalid