Legal basics for online sellers in Germany: Impressum, terms and withdrawal (general orientation)

What you will learn

• What an Impressum must contain and where it must appear
• Which rules apply to terms, the checkout button and subscriptions sold online
• How the 14-day right of withdrawal and the new withdrawal button work
• Which outdated elements you should remove from your site

Explanation

Important: this is general orientation, not legal advice. Rules change; for your case, consult a lawyer (Rechtsanwalt) or your chamber of commerce (IHK), and for tax questions a Steuerberater. Data protection (GDPR) was covered in lesson 6.

Impressum (provider identification)

A business website, shop or business social media profile in Germany needs an Impressum. Since May 2024 the legal basis is § 5 of the German Digital Services Act (Digitale-Dienste-Gesetz, DDG), which replaced the Telemedia Act (TMG). It typically contains:

• Full name (companies: name, legal form and authorised representative)
• A postal address where documents can be delivered (a P.O. box is not enough)
• An email address and a second fast way of contact
• Register and registration number, if registered
• VAT identification number (USt-IdNr.), if you have one

It must be easy to recognise, directly reachable and always available.

Terms and the checkout

Terms and conditions (Allgemeine Geschäftsbedingungen, AGB) are not compulsory, but if you use them, customers must be able to read and save them before ordering. In any case, consumers must be told the main product features, the total price including VAT, delivery costs and the right of withdrawal before they order.

The final order button must clearly say that the order costs money, for example "zahlungspflichtig bestellen" (order with obligation to pay). "Weiter" (continue) is not enough; the consumer may then not be bound.

Consumer subscriptions concluded online also need a cancellation button (Kündigungsbutton).

Right of withdrawal (Widerrufsrecht)

Consumers buying online generally have a 14-day right of withdrawal: they can cancel without giving a reason.

• Goods: the period usually starts when the consumer receives the goods.
• Services: it usually starts when the contract is concluded.
• Digital content (such as course access): the right can end when you start providing it, but only if the consumer expressly agreed to the early start, confirmed they know they lose the right, and you sent a confirmation.

If you do not inform the consumer correctly, the period can be extended to a maximum of 12 months and 14 days. After a valid withdrawal, you must refund the payment within 14 days (details in the worked example).

The withdrawal button (since 19 June 2026)

Following an EU directive, § 356a of the German Civil Code (BGB) requires an electronic withdrawal function for online contracts with a right of withdrawal. In outline: a clearly labelled button such as "Vertrag widerrufen" (withdraw from contract), easy to find, for example in the footer; next, the customer gives only their name, the contract and how they want the confirmation, then confirms with a button such as "Widerruf bestätigen" (confirm withdrawal). You may not ask for a reason, and you must send a confirmation of receipt with date and time on a durable medium such as email. The rule is new; check current requirements.

Outdated elements to remove

The EU online dispute resolution platform (OS platform) was shut down on 20 July 2025. Remove links to it; a reference to a platform that no longer exists can itself be misleading. The duty under the Consumer Dispute Resolution Act (VSBG) to state whether you take part in consumer arbitration remains for businesses it covers.

Worked example

Hypothetical example: a customer orders a hand-made bag for €120 plus €4.90 standard delivery and pays €5.00 extra for express delivery. The parcel arrives on 4 March. Assumptions: correct withdrawal information was given, the customer was told they pay return costs, no holidays interfere.

1. Withdrawal period: starts after receipt on 4 March and ends 14 days later, on 18 March.
2. On 10 March the customer uses the withdrawal button; the shop emails a confirmation of receipt.
3. Refund due: €120.00 + €4.90 = €124.90. Standard delivery is refunded; the €5.00 express surcharge generally is not.
4. Deadline: 14 days after receiving the withdrawal, so by 24 March. The shop may usually wait until the bag is back or the customer shows proof of sending.
5. The customer pays the return postage, because they were told in advance.

Common mistake

Practice activity

Hypothetical: a German seller of an online video course has an Impressum with only a first name, a P.O. box and a reference to "§ 5 TMG"; an order button saying "Weiter"; course access immediately after payment without any checkbox; an OS platform link in the footer; and no withdrawal button. On paper, list each problem and its correction.

Key takeaways

• The Impressum is based on § 5 DDG and must show who you are and how to reach you quickly.
• The order button must show the payment obligation; online subscriptions need a cancellation button.
• Consumers generally have 14 days to withdraw; since 19 June 2026 an online withdrawal function is required.
• Remove the OS link and outdated law references, and do not copy legal texts.

Next step

In the next lesson you build a metrics dashboard with CAC, LTV, churn and break-even.