Term and Definition: “Date” in a Legal Context
The term “Date” originates from English and originally refers to a prearranged meeting, usually between two people, with the intention of getting to know each other in a romantic or partnership context. While in German usage the word is mainly used in connection with partnerships and the search for a relationship partner, the term also has a variety of legal references. These arise in particular from the increasing digitalization and commercialization of dating services and the resulting emergence of various legal issues that pertain to both individual behavior and the business framework of dates.
Legal Classification of Dates
Civil Law Aspects
Conclusion of a Contract When Arranging a Date
In principle, merely agreeing to a personal meeting does not constitute a legally binding agreement within the meaning of an obligation contract under § 311 BGB. A date is instead characterized by mutual consent, without giving rise to legal obligations. Commercial dating offers, such as those provided by online dating platforms or organizers of so-called “speed dat(ing)s”, on the other hand, establish civil law contractual relationships. Depending on their structure, these are subject to the provisions of the German Civil Code, particularly with regard to service contracts (§§ 611 ff. BGB), distance contracts (§§ 312c ff. BGB), and rights of withdrawal (§§ 355 ff. BGB).
Paid Agreements and Withdrawal
If, in the course of a date, a paid service is agreed upon (e.g., a shared meal with a clearly coordinated promise to cover the costs), payment claims may arise from this. If there is no explicit agreement on costs, each participant is generally responsible for their own expenses (cf. § 426 BGB on joint and several debtor adjustment).
Data Protection Aspects
Collection and Processing of Personal Data
When initiating a date, especially via digital platforms, personal data is regularly processed. According to the General Data Protection Regulation (GDPR), the collection, storage, and use of personal data is only permitted in strict compliance with statutory requirements. This particularly includes the duty to inform under Art. 13 GDPR, consent to data processing (Art. 6 (1)(a) GDPR), as well as the right to erasure and rectification (Art. 16, 17 GDPR). Dating platforms act here as controllers within the meaning of Art. 4 No. 7 GDPR.
Special Categories of Personal Data
Numerous dating providers collect sensitive data, such as sexual orientation or relationship status. The handling of such special categories of personal data (Art. 9 GDPR) is subject to particularly strict requirements regarding consent and protection against unauthorized access.
Criminal Law Issues in Connection with Dates
Consent and Criminal Offenses
Dates do not, in themselves, create special criminal law risks; nevertheless, actions relevant to criminal law can occur in the context of meetings. These include, for example, sexual assault (§ 177 StGB), stalking (§ 238 StGB), or fraud (§ 263 StGB), such as through so-called “romance scams.” The basic principle applies: Any adverse effect on the rights and interests of a party without their consent may fulfill the elements of a criminal offense. A date does not exempt anyone from the necessity of mutual consent (especially regarding intimate acts).
Identity Deception and Fake Profiles
The use of fake identities for the purpose of deception in online dating can have both civil and criminal consequences. Here, violations of provisions against identity theft, document forgery (§ 267 StGB), or fraud are regularly examined.
Special Features of Competition Law for Dating Platforms
Mandatory Information and Consumer Protection
Operators of commercial dating portals must observe various information and consumer protection obligations. This includes correct provider identification (§ 5 TMG), transparent pricing (Preisangabenverordnung), and compliance with provisions on consumer protection, namely the right of withdrawal and clear termination regulations for subscriptions.
Prohibited Advertising and Misleading Information
Advertising for dating offers is subject to the Act Against Unfair Competition (UWG). Misleading content—such as pretending profiles are genuine or guaranteeing success—is prohibited and may lead to warnings.
Employment Law Implications of Dates
Arrangements at the Workplace
In general, there are no special employment law rules for dates between colleagues. Employers may not prohibit the establishment of private relationships between employees without further justification. Restrictions are only permissible where conflicts with official duties or violations of the General Equal Treatment Act (AGG) result. Discrimination based on sexual orientation or due to a declined invitation to a date is prohibited under § 1 AGG.
Conclusion
The term “date” involves a multitude of legal aspects, ranging from civil law concerns to data protection, criminal law, and even employment and competition law. While the arrangement itself generally does not create legal obligations, the surrounding circumstances—such as commercial providers or in the case of criminal acts—become the focus of legal consideration. All parties are advised to observe legal principles carefully, particularly when using dating platforms and handling personal data.
Relevant Laws and Regulations (Selection):
- German Civil Code (BGB)
- General Data Protection Regulation (GDPR)
- Telecommunications and Telemedia Data Protection Act (TTDSG)
- Criminal Code (StGB)
- Act Against Unfair Competition (UWG)
- General Equal Treatment Act (AGG)
Further Topics:
- Online Dating and Terms & Conditions
- Data Protection and IT Law in the Context of Matchmaking Services
- Fraud and Identity Misuse on the Internet
Frequently Asked Questions
Do I have to reveal my identity on a date?
At the first meeting, there is generally no legal obligation to fully disclose your identity unless there is fraudulent intent. There is no violation of the right to name anonymity as long as no sensitive personal data (such as address, date of birth, or employer) are exchanged or third parties are affected. However, deliberately deceiving the other party about essential personal circumstances, such as marital status, may, in certain circumstances, constitute (attempted) fraud—especially if it results in material or immaterial harm to the other party. The line is fluid and depends on the specific falsehoods and their relevance.
Am I allowed to record a date or take photos without asking?
The audio or video recording of a date without prior consent is prohibited in Germany under § 201 StGB (Criminal Code – Violation of the Confidentiality of the Spoken Word), as well as § 22 KUG (Copyright Act – Right to One’s Own Image). The same applies to photos: without the consent of the person depicted, taking and especially publishing images is unlawful. Violations may result in both criminal consequences (fines or imprisonment) and civil claims for injunctive relief and damages.
What rights do I have if my date publishes intimate messages or photos?
The unauthorized distribution of intimate messages or images (“revenge porn”) violates § 201a StGB and the general right of personality under Art. 1, 2 of the Basic Law. Affected individuals may take criminal action against the publication and assert civil claims for injunction, removal, and possibly damages. Sanctions range from fines to imprisonment. Online platforms are obliged to promptly remove such content upon notification.
Is there a legal obligation to tell your date if you are seeing multiple people simultaneously?
Under German law, there is no obligation to disclose parallel dates or relationships. An exception may exist in the case of a firmly agreed exclusive partnership or engagement where such promises have been made. In cases of fraudulent intent to deceive or resulting financial harm, civil or criminal liability is conceivable.
What are the legal consequences if I stand up my date?
Failing to show up for a date has no legal consequences under civil law, provided no economic damage is caused (e.g., prepaid tickets or reservation fees). However, if expenses have been invoiced to the date partner and an explicit cost reimbursement has been agreed upon, there may, in individual cases, be a claim for reimbursement of the costs incurred. Physical or emotional disappointment alone does not establish a claim.
What is the legal situation regarding sexual consent on a date?
Consent is fundamental to any form of sexual activity. According to § 177 StGB (Sexual assault, sexual coercion, and rape), anyone who acts against the recognizable will of the other person is liable to prosecution. An explicit ‘no’ or even perceptible discomfort is sufficient to make any further action criminal. Impaired judgment (e.g., due to alcohol or medication) may also mean that no valid consent can be given. Victims may take both criminal and civil action against perpetrators.
Is there a legal obligation to get tested or tell your date about an infection?
In Germany, there is no general legal obligation to inform your date about a sexually transmitted infection (STI) or present a test. However, if a serious notifiable disease (e.g., HIV) is present, willfully concealing this and engaging in unprotected sexual acts is generally regarded as bodily harm (§ 223 StGB) and, additionally, as immoral conduct (§ 826 BGB). Injured parties may assert criminal and civil claims (e.g., for compensation for pain and suffering).
