In contract law, there have been some changes in 2022. Companies must pay particular attention to a legally secure design of their General Terms and Conditions (AGB).
At the beginning and during the course of 2022, numerous changes in contract law came into effect. The changes concern, among other things, the legal formulation of the GTC, which must be adapted accordingly by companies, explains the economic law firm MTR Rechtsanwälte.
In contracts with consumers, an important regulation concerns the contract duration and notice periods for so-called long-term obligations. These include, for example, newspaper subscriptions, contracts between fitness studios and consumers, or energy supply contracts, which can be especially interesting in times of rising energy prices.
In such contracts, which involve regular delivery of goods or provision of services, minimum terms of one or two years are still possible, but the termination options for the consumer have been improved. If a timely termination was previously missed, the contract usually extended automatically. For contracts concluded from March 1, 2022, the consumer is now granted the right to terminate the contract after the initial term with a maximum notice period of one month. Clauses in the GTC that, for instance, provide for a tacit contract extension by one year are invalid. For older contracts concluded before March 1, 2022, the old regulations still apply, i.e., a tacit contract extension of up to one year and notice periods of up to three months are still possible.
Online, for such long-term obligations, a cancellation button will be mandatory from July 1, 2022. Without this option, the consumer can book the contract at any time without observing a notice period.
Furthermore, companies are no longer allowed to exclude the assignment of consumer claims, both monetary claims and rights, in their GTC. Corresponding clauses are ineffective.
Further changes concern the law of sales. For instance, the conditions for assuming a material defect have changed, and the burden of proof reversal in favor of the consumer has been extended from 6 to 12 months. New is also the so-called consumer contract for digital products.
If the GTC do not meet the new legal requirements, companies must expect warnings. Experienced attorneys in contract law provide advice.
