New case law on platform liability: Missing cancellation button on partner websites
In a judgment dated March 8, 2024 (Case No. 3 O 109/23), the Regional Court of Hildesheim made a significant decision regarding the liability of sales platforms in connection with consumer protection requirements. According to this decision, operators of e-commerce platforms can be held responsible if providers they mediate do not provide certain legally required functions on their own websites—such as an immediately recognizable and easily accessible cancellation button.
Legal basis: Section 312k BGB and the obligation to provide a cancellation button
Since July 2022, Section 312k BGB has required that online long-term contractual relationships must offer simple and direct cancellation options, such as a clearly placed “cancellation button.” This provision is part of regulatory measures designed to strengthen consumer protection in digital business transactions. The aim is to enable consumers to terminate contracts with just a few clicks and without obstacles.
Decision of the Hildesheim Regional Court: Focus on platform operators
Facts of the case
The subject of the decision was a lawsuit brought by the Consumer Advice Center against the operator of a sales platform that provides third-party vendors with infrastructure to present and distribute their goods and services. When subscriptions were concluded, the operator referred consumers to the websites of these third parties. However, these pages lacked the legally required cancellation button for contracts concluded online.
In the legal dispute, the question arose as to whether the marketplace operator is liable for this violation, even though the actual contractual relationship and website design were the responsibility of the individual third-party providers.
Judgment and reasoning
The Regional Court of Hildesheim found the platform operator to be responsible. The decisive factor was the close interconnection between the marketplace structure and the offer pages of the third-party providers. The platform operator had significant influence over the design of the offer pages due to technical, economic, and organizational integration. In addition, the platform substantially benefited from the facilitation of contracts.
The court emphasized that the protection obligations arising from Section 2 No. 11 UWG (Act Against Unfair Competition) and the provisions on consumer protection can also apply to market-dominant or essential infrastructure providers if they exercise significant influence over legal violations or causally enable them. As a result, platform operators are subject to review and monitoring obligations if they help shape the framework for contract conclusions.
Impacts on digital sales
Significance for marketplace operators
The decision makes clear that digital platforms may have obligations that go beyond the role of mere intermediaries. Within their organizational and technical capabilities, operators must ensure that their contractual partners fully implement the legal requirements for consumer protection. In particular, with platform models that are highly integrated, ongoing process control and adjustments are advisable in order to avoid fines or injunctive relief claims.
Consequences for third-party providers
Third-party vendors who offer their products or services via platforms are also indirectly affected by enhanced controls. Contracts formed on the basis of incomplete or incorrect implementation of statutory requirements may be deficient and thus subject to challenge, which can have significant economic consequences.
Procedural status and outlook
It should be noted that court decisions in comparable cases may still be assessed on a case-by-case basis and a final ruling by the highest court on the full scope of platform liability under Section 312k BGB is still pending. Companies operating in digital commerce should closely monitor current developments and regularly review their legal frameworks.
Conclusion: Heightened compliance requirements in online commerce
The decision of the Regional Court of Hildesheim manifests a trend towards increasingly intensive regulation of digital business models in the interests of consumer protection. E-commerce platforms and their contractual partners are required to continuously review their infrastructures and digital processes for compliance with current legal requirements and to make adjustments where necessary, in order to address regulatory risks at an early stage.
If you have any legal questions or uncertainties in connection with the contractual design of e-commerce platforms or dealing with consumer protection regulations, the Rechtsanwalt at MTR Legal will be happy to provide an individual assessment of the legal situation.
Source: LG Hildesheim, Judgment of 08.03.2024, Case No. 3 O 109/23; Section 312k BGB; UWG
