Current case law of the Federal Court of Justice on the termination of online matchmaking contracts
By decision dated July 22, 2025 (Case No.: III ZR 388/23), the Federal Court of Justice (BGH) has further specified key legal issues surrounding the right of termination for online matchmaking services, particularly in the context of contracts concluded for the long term. This decision addresses significant questions regarding the termination of contracts between consumers and providers such as Parship and is likely to have far-reaching implications for the digital matchmaking industry.
Contractual relationships in the digital dating market
Digital matchmaking services regularly offer paid memberships designed for specific terms. Users are thus faced with questions about their individual options for properly terminating the contract before expiration of the agreed minimum term and thereby escaping contractual obligations. In the present case, the BGH was confronted with the question of whether, and if so, under what circumstances, the contracting parties may be granted an ordinary right to terminate the contract at any time.
Legal framework – consumer rights versus legitimate provider interests
Consumers as contracting parties
The focus of the legal assessment is often on the need for protection of consumers as contracting parties for digital services. In principle, so-called paid usage contracts must comply with distance selling and consumer protection regulations. In particular, § 627 BGB comes into focus here, which offers consumers a “right of termination at any time” under certain conditions. However, the applicability of this provision to internet services such as matchmaking must be examined on a case-by-case basis.
Limitation of termination rights pursuant to § 627 BGB
The BGH confirms that matchmaking contracts mediated in an automated, anonymized manner and based on computer algorithms do not fall under the provisions of § 627 BGB. The reasoning: As a rule, there is no relationship of trust within the meaning of the law, as the selection and generation of suggestions take place without personal closeness and individual care. The typical need for protection that the legislator had in mind – namely, a personal bond with a particular service provider due to a special position of trust – is absent in such services.
Implications for users and providers of digital matchmaking services
Contractual fidelity and commitment to term
With its decision, the BGH makes it clear that consumers are generally bound to the term selected when entering into the contract. The contractually defined term regularly entails obligations for both parties, so the right to ordinary termination is not unrestricted. Protection against excessively long contractual commitments is instead provided through specific design obligations concerning the term, automatic renewals, and the right of withdrawal in distance selling.
Special features in individual cases
The BGH points out that exceptions to being bound by the agreed contract duration can be conceivable in individual cases, for instance if special circumstances exist or if the performance of the service essentially depends on a highly personal relationship of trust. Such scenarios, however, are not the norm in the online matchmaking sector, but remain exceptions.
Significance for contract drafting and compliance for companies
Providers of digital services are required to adapt their general terms and conditions as well as contract design to meet applicable legal requirements. The current BGH case law provides increased legal certainty for providers, provided that customers are fully and transparently informed about contract terms, notice periods, and any extension clauses.
Legal situation remains in flux – relevance for consumers and companies
The development of case law shows that the framework conditions in the area of digital matchmaking services continue to be clarified and adjusted by the courts. It is advisable to keep abreast of changes and clarifications brought about by case law and legislation in order to identify risks and the need for adjustment at an early stage.
For companies, this results in requirements for transparent and legally compliant contract drafting. Consumers particularly benefit from clear provisions regarding termination and withdrawal rights, but should always check the contractually agreed deadlines and modalities.
If you have further questions regarding the contractual conditions for digital services or the structuring and termination of memberships, the Rechtsanwalt of MTR Legal Rechtsanwälte are available as your point of contact.
