Germany: Law to Strengthen Consumer Protection in Competition and Commercial Law adopted

On 25 June 2021, the Law to Strengthen Consumer Protection in Competition and Commercial Law, implementing EU Directive 2019/2161 regarding the enforcement and modernisation of EU consumer protection rules, was adopted and sent to the Federal President for signing. The bill amends the Law against Unfair Competition to clarify its applicability to e-commerce, online marketplaces and digital services. The bill expands the definition of 'commercial act' to cover digital content and services and imposes transparency requirements on e-commerce providers. Online marketplaces must show whether listed products or services are offered by users or businesses. If an online business makes use of a review system in the marketing of its products, it must clarify how it ensures that reviews are genuine. Finally, if an online business provides users with a search engine to find products including a ranking system, it must provide information about the ranking criteria and their relative weighting. If signed, the Law will be implemented on 28 May 2022.