Since the EU Commission has given priority to strengthening consumer rights, and consumer protection associations are taking stricter measures against non-compliant companies, the risk of costly legal proceedings and damage to a company's reputation is high.
Violations of consumer protection regulations often cannot be remedied or can only be remedied with great effort, which leads to permanent damage in the affected business areas. A legally clean design of terms and conditions and company imprint is not sufficient. Webshop operators are burdened with massive pre-contractual and post-contractual information obligations.
The basis for a successful webshop is not only the visual design, so that it appeals to customers, but the legal requirements extend deep into the visual design of a webshop and its processes. Violations of the applicable guidelines and laws are not only taken up by consumer protection associations, as mentioned above, but are also relevant under administrative criminal law and can have consequences under competition law. Current Supreme Court jurisprudence sets out what is required of sellers or webshop operators, and so, legal advice should be a necessity in order to manage the risk of legal proceedings in the event of non-compliance with these requirements.
Authors: Serap Aydin & Wolfgang Tichy