Definition and distinction of distance learning
Distance learning refers to a special form of education or advanced training in which learning content is mainly delivered via written, electronic, or media-based remote instruction. What is characteristic of distance learning is that instructors and learners are separated by distance and, in part, by time. Communication and performance assessment usually take place via digital platforms, email, telephone, or by post. Distance learning programs can lead to state or private degrees.
Distance learning is to be distinguished from traditional in-person studies and from other forms of continuing education such as e-learning programs or purely online courses. This distinction is primarily based on legal definitions and regulations, which can vary at both the federal and state levels.
Legal framework of distance learning in Germany
General statutory principles
Distance learning programs in Germany are subject to extensive legal regulations, which primarily serve to assure quality, protect participants, and ensure comparability with traditional educational paths. The most important normative foundations are the Distance Learning Protection Act (FernUSG) and, where academic distance learning is concerned, the respective state higher education laws and the Higher Education Framework Act.
Distance Learning Protection Act (FernUSG)
The central legal framework for distance learning is the Distance Learning Protection Act (FernUSG), which has been in force since 1977. Its purpose is to protect participants in distance learning courses by setting minimum requirements for course content, contract arrangements, and providers’ information obligations.
Scope of application of the FernUSG
According to Section 1 FernUSG, the Act applies to any fee-based distance learning program offered on a contractual basis in which the learning objectives are mainly achieved through remote instruction. This also includes state-recognized and private distance universities, provided they are based or operate in Germany.
Exclusions from the scope of application concern, for example, purely company-internal training or university degree programs with only minimal distance components.
Approval of distance learning offers
The FernUSG expressly requires that every distance learning offer must be approved by the ‘State Central Office for Distance Learning’ (ZFU) (Section 12 FernUSG). This approval is tied to compliance with certain quality, information, and consumer protection standards. The ZFU in particular examines the substantive and didactic quality of the materials, the compatibility of the contents with the intended degrees, and contract transparency.
Participant rights
The FernUSG protects participants through specific provider information obligations, a 14-day right of withdrawal, and a maximum contract term of 12 months (for longer courses, monthly termination is possible after one year).
Academic distance learning: Higher education law provisions
For distance learning programs with academic degrees, the relevant higher education laws and examination regulations apply in addition to the FernUSG. Providers of academic distance learning require state recognition as a university and must meet the applicable accreditation regulations (Section 7 HRG, state-specific regulations). The equivalence of study and examination achievements with on-campus programs is regularly reviewed.
Accreditation and quality assurance of study programs
The accreditation of distance learning programs in Germany is conducted by the Accreditation Council Foundation or recognized accreditation agencies. It is ensured that distance learning programs are structured equivalently to on-campus programs in terms of structure, content, and examination requirements.
Data protection and data security in distance learning
Data protection plays a central role in distance learning. Providers are required to comply with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). This specifically includes the protection of personal data processed as part of learning platforms, communication tools, and examinations. Data processing may only be carried out to the necessary extent and based on consent or legal provisions.
Contractual aspects
Distance learning contracts are subject to German civil law, particularly the regulations on distance selling contracts (Sections 312c et seq. BGB), contracts for work and services, as well as consumer protection law. The contractual documents must transparently and comprehensibly specify the content, duration, price, notice periods, and whether the qualification is eligible for certification.
Right of withdrawal and termination
Participants in a distance learning program are entitled, based on the FernUSG and the German Civil Code, to a special right of withdrawal of at least 14 days from the conclusion of the contract and the possibility of ordinary termination in accordance with statutory and contractual provisions.
International distance learning programs
For international distance learning, differentiation is necessary: Distance courses provided by German providers for participants abroad are generally also subject to the FernUSG, at least if the provider is commercially established in Germany. However, in the course of such programs, divergent national regulations and examination recognitions may also become relevant.
Degrees from foreign distance universities are subject to recognition by the responsible German authorities, such as the Central Office for Foreign Education (ZAB). The assessment is based on formally recognized qualification frameworks.
Examination and graduation regulations in distance learning
Distance learning programs often conclude with (state) examinations that are administered by external bodies or must be held in person. The legal requirements for this result from the examination regulations of the universities or corresponding regulations for non-academic distance courses.
Advantages and risks from a legal perspective
Advantages
- High level of consumer protection: The FernUSG protects participants from disreputable providers.
- Quality control: Mandatory approval and accreditation requirements ensure a minimum standard of educational offerings.
- Transparency in contract law: Statutory information and termination requirements protect participants from disadvantages.
Risks
- Non-recognized providers: Offers without ZFU approval are not legally compliant in Germany and can lead to significant disadvantages.
- Data processing: Improper handling of personal data can violate GDPR regulations.
- Unclear recognition: Degrees from foreign distance learning programs are not always automatically recognized in Germany.
Summary
Distance learning in Germany is comprehensively regulated and subject to strict legal requirements to protect participants and ensure the quality of education. Key legal foundations include the FernUSG, higher education laws, and data protection regulations. Central requirements are the compulsory approval of all distance learning offers, providers’ information obligations, and the equivalence of academic degrees. Missing approvals or recognitions can have considerable legal consequences for providers and participants. The completion of a distance learning course should always be based on verified legal compliance of the offer.
Frequently Asked Questions
Does a distance learning program in Germany require state recognition?
In Germany, a distance learning program generally must be officially approved if it is a distance learning offer that prepares participants for a state or public degree, or imparts professional knowledge and skills. This is regulated by the Distance Learning Protection Act (FernUSG). The State Central Office for Distance Learning (ZFU) is responsible for official approval. Without ZFU approval, offering a distance learning course that falls within the scope of the FernUSG is not permitted and can be penalized with fines. The ZFU examines, among other things, the learning objectives, qualifications of authors and tutors, contract arrangements, as well as the didactic-methodical design of the distance learning course. Distance learning programs at (state or state-recognized) universities, however, are exempt from the FernUSG provided they lead to an academic degree (e.g., Bachelor, Master) and are accredited by the relevant state authority. In such cases, no additional ZFU approval is required.
Are students in distance learning programs entitled to BAföG?
Distance learners in Germany are generally entitled to educational support under the Federal Training Assistance Act (BAföG), provided the distance learning program is recognized as ‘equivalent to on-campus studies’ and other requirements such as age limit, academic performance, and financial need are met. Equivalence is usually deemed to exist if it is an academic distance learning program at a university that leads to a first professional qualification. It is also important that the distance learner can prove that the program is being pursued as a ‘full-time study’ and that the majority of their time is dedicated to the program. Purely part-time or work-accompanying distance learning programs are generally not eligible for BAföG funding. The responsible BAföG office decides on this in each individual case based on the respective study regulations and the student’s individual course of study.
How does distance learning affect unemployment status?
Receiving unemployment benefit I or II (ALG I/ALG II) is generally possible if the distance learning program is pursued as part-time further education and the person’s availability for the labor market is not restricted. This means that recipients must continue to be fully available to the labor market, attend job interviews, and be able to take up employment. A full-time distance learning course is legally regarded as equivalent to in-person study: anyone participating in such a program is generally not available for job placement and loses entitlement to benefits according to SGB III or SGB II. The situation is different for part-time or hobby-based distance learning programs: Here, benefits can continue as long as participation in the program does not affect job market availability. It is advisable to obtain approval from the Federal Employment Agency or Jobcenter before starting a distance learning program and to disclose the course transparently.
Is the distance study contract legally terminable?
A distance learning contract subject to the provisions of the Distance Learning Protection Act (FernUSG) includes special consumer protection rights. After conclusion of the contract, students may withdraw in writing without giving reasons within 14 days in accordance with Section 4 FernUSG (right of withdrawal). Furthermore, according to Section 6 FernUSG, there is a right to terminate at any time, though at the earliest at the end of the first six months, with a notice period of six weeks. After this initial period, the contract can be terminated at any time with a notice period of three months. These rights must be explicitly clarified in the contract. If this information is missing, extended withdrawal or termination periods apply. For distance learning programs offered at universities with an academic degree, the relevant university enrollment and deregistration regulations apply.
What data protection obligations exist in distance learning?
Educational institutions offering distance learning programs are subject to the requirements of the European Union’s General Data Protection Regulation (GDPR), as well as the German Federal Data Protection Act (BDSG). In the context of digital communications and learning platforms, personal data such as name, address, academic records, and communication data is processed. Data may only be used for the implementation of the course and must be protected against unauthorized access. Students must be informed transparently in advance about the nature, scope, and purpose of data collection (Art. 13 GDPR). Data may only be shared with third parties with consent or due to a statutory requirement. The rules for deletion and correction of data, as well as the right to information, are also governed by the GDPR. When using tools and platforms, it must also be checked whether data transfer to third countries occurs; in such cases, additional safeguards such as standard contractual clauses are necessary.
What examination rights and obligations apply in distance learning?
The relevant examination regulations of the respective university or education provider also apply to distance learning. Examinations must be conducted in accordance with the examination regulations, and equal treatment and equal opportunities must be strictly guaranteed. Students are entitled to timely registration, information on examination modalities, access to exam scripts, and the right to appeal results and failures. In the context of digital exams, data protection rules must be observed, especially for video identification procedures or online proctoring (monitoring via camera during the exam). The use of such systems requires a special legal basis and consent from students. If errors occur (e.g., data breaches, lack of fairness), exams may be legally contestable. Exams conducted abroad may require additional formalities, such as the appointment of an independent exam supervisor.
Is distance learning subject to any particular labor law provisions?
From a labor law perspective, distance learning is considered private further education unless otherwise agreed in the employment contract or collective agreement. Employees are not generally entitled by law to paid or unpaid leave for private distance learning. However, the Education Leave Act in some federal states (e.g., Hesse or Berlin) allows, under certain conditions, for employees to apply for educational leave for recognized distance learning events. The legal entitlement and recognition may vary depending on the federal state and the nature of the distance learning program. If the employer initiates or finances the program, additional contractual obligations may apply, such as repayment of costs if the employee leaves early. Employers should conclude clear agreements for this. In general, the principles of equal treatment and protection against discrimination under the General Equal Treatment Act (AGG) apply if the employment relationship is affected.
