Event

Concept and Legal Foundations of Events

Definition of Events in a Legal Context

From a legal perspective, an “event” is an organized, time-limited occurrence with either a public or private character that involves a multitude of contractual parties and legal relationships. This includes, among others, concerts, trade fairs, sporting events, company parties, conferences, or cultural performances. The planning, execution, and handling of an event touch upon numerous legal fields, ranging from contract law and liability law to insurance law, data protection, and intellectual property rights.

Contractual Aspects

Contract Drafting and Types

At the core is usually the event contract, which typically contains elements from various legal relationships, including contract for work, tenancy, service, and purchase law. In this context, particular attention should be paid to:

• Location and Lease Agreements: Provisions for the use of private or public event venues.
• Service Agreements: Agreements with caterers, security personnel, artists, and technical service providers.
• Contracts for Work and Services: Contracts for services related to specific work deliverables, such as stage construction.

Clear written drafting is essential for the validity and enforceability of such contracts, especially regarding the specification of services, remuneration, liability, rights of withdrawal, and any cancellation costs.

General Terms and Conditions (GTC)

General Terms and Conditions are often used in event organization. When using them, particular attention must be paid to the provisions of §§ 305 et seq. of the German Civil Code (BGB). GTC must not cause unreasonable disadvantages to individual contractual partners and must be transparent and comprehensible.

Public-Law Requirements and Permits

Event Law and Licensing Obligations

Depending on the type, scope, and number of participants, public-law permits may be required for an event, including:

• Commercial Permits (e.g., under the Trade Regulation Act)
• Ordinance on Places of Assembly (for events in certain buildings or outdoors)
• Building Regulation Permits (e.g., for temporary structures such as tents, stages)
• Immission Protection Law (noise protection requirements)
• Traffic Regulations (barricades, traffic management for large events)
• Restaurant Permission (for catering services)

Compliance with these regulatory requirements is mandatory to ensure the legality of the event. Violations can result in fines, event bans, or claims for damages.

Safety Obligations and Supervisory Measures

Organizers are liable for the safety of participants. This creates extensive requirements, for instance regarding escape routes, fire protection, medical services, and security concepts. The relevant provisions of the respective state laws and regulations apply in particular.

Questions of Liability Law

Organizer’s Liability

The organizer is responsible for the proper execution of the event and the safety of the participants. Liability may arise from:

• Contractual Liability
• Tort Liability (§§ 823 et seq. BGB)
• Duty to Ensure Public Safety (obligation to avert dangers to participants and third parties)

Against this backdrop, a detailed risk analysis and the conclusion of appropriate insurance policies, e.g. event liability insurance, is recommended.

Exclusions and Limitations of Liability

Exclusions and limitations of liability can be contractually agreed, but are legally permissible only within the applicable regulations and provided transparency and reasonableness are maintained (§§ 305 et seq. BGB).

Data Protection Requirements

Personal data are regularly processed during the organization of events, e.g. for ticket sales, participant lists, or in the course of photo and video recordings. Organizers are subject to the requirements of the General Data Protection Regulation (GDPR) as well as the Federal Data Protection Act (BDSG):

• Legal Basis for Data Processing
• Information Obligations Towards Data Subjects
• Creation of a Record of Processing Activities
• Technical and Organizational Measures for Data Protection
• Compliance with Special Protection Rules for Photo and Video Recordings

Obtaining consent and clearly informing participants are strictly required.

Intellectual Property Law Aspects

Copyright Law

Events often include copyrighted works (music, photos, films, artistic performances). Organizers must therefore obtain the necessary rights of use beforehand, especially GEMA licenses or rights from the respective rights holders.

Trademark Law and Name Rights

When marketing and naming events, care must be taken to avoid infringing existing trademark or name rights. Use of third-party trademarks without consent can lead to injunctive relief and claims for damages.

Labor Law Issues

Legal labor law requirements must be observed for the employment of staff at events. These include:

• Minimum Wage Regulations
• Social Security Contributions
• Occupational Health and Safety Regulations
• Temporary Employment and Contracts for Work

The use of volunteers, interns, or freelance workers requires particular care to distinguish these from mandatory social security employment relationships.

Insurance Law Considerations

A thorough risk analysis is a basic prerequisite. Relevant insurances include:

• Event Liability Insurance
• Cancellation Insurance
• Accident Insurance
• Property and Equipment Insurance

Obtaining suitable policies is essential to safeguard against economic risks.

Tax Law Aspects

Events can lead to various tax consequences. Relevant topics include:

• VAT Treatment (e.g., sale of admission tickets)
• Income and Corporate Tax (if profit is intended)
• Artist Social Security Contribution
• Settlement of International Artists (subject of withholding tax)

Prudent tax planning is advisable.

Summary

Events are legally complex undertakings touching upon various legal fields. Careful legal planning includes correct contract drafting, compliance with regulatory requirements, implementation of data protection obligations, and consideration of intellectual property and labor law requirements. This is complemented by solid protection against liability risks and tax support. Only proactive management of these aspects ensures the legally compliant execution of events.

Frequently Asked Questions

Who is liable for damages incurred during an event?

In legal terms, liability for damages during an event primarily depends on who qualifies as the organizer under the law. The organizer generally bears what is known as the duty to ensure public safety and is responsible for identifying and eliminating potential sources of danger for participants, visitors, and third parties. If, for example, a personal injury or property damage occurs because safety measures were inadequate (e.g., missing barriers, poor lighting, or unsecured cables), the organizer can be held liable for such damages under § 823 BGB (German Civil Code). In the context of liability between the organizer and service providers, such as technical firms or caterers, the decisive factor is who can be proven to have caused the damage and whether, where applicable, an exclusion of liability or insurance exists. Where there are several responsible parties, joint and several liability under § 840 BGB may also apply. Moreover, organizers should always have event liability insurance to guard against potentially ruinous compensation claims. Liability covers not only the organizer’s own faults but, under certain circumstances, also the fault of agents (§ 278 BGB), i.e., contracted partners or employees.

Which permits must be obtained before holding an event?

Depending on the type, size, location, and content of the program, various official permits are required to hold a public event. A distinction is made in particular between indoor and outdoor events. Typical notification obligations and permits relate, on the one hand, to registration of the event with the responsible public authority in accordance with state law (for example, § 12 Assembly Act or state event laws), and, on the other hand, often to building and fire safety examinations. Depending on the scale, further requirements may arise from noise protection law, the Federal Immission Control Act, restaurant law (sale of alcohol), or trade law (for markets or sales events). Musical and dance events may also require registration with GEMA for the administration of copyright utilization rights. For events in public spaces (street festivals, demonstrations, or sports events), a special use permit according to the Road and Path Act is regularly necessary. If fireworks or pyrotechnics are used, special permits must also be obtained in accordance with the Explosives Act. Every organizer must coordinate with the responsible authorities at an early stage, as violations can result in significant fines or a complete ban on the event.

What legal obligations exist regarding the safety of visitors?

The organizer is obliged to take all measures necessary to prevent endangering visitors under the prevailing circumstances. This obligation arises from the general duty to ensure public safety, specified by numerous special regulations, in particular the States’ Regulation on Places of Assembly (VStättVO). Accordingly, escape and rescue routes must be provided in sufficient width and number, and emergency lighting as well as alarm and sound systems must be kept functional. The assignment of supervision or security services may be prescribed. As part of a safety concept, potential risks—such as overcrowding, panic, fire, or technical defects—must be assessed, and corresponding emergency plans established. For larger events, many licensing authorities require submission of a comprehensive safety concept, documenting site plans, evacuation strategies, briefing of helpers, and involvement of emergency services. If these safety obligations are not fulfilled, the organizer is liable for resulting damages.

What special legal regulations apply to large-scale events?

Large-scale events are subject to stricter legal requirements, particularly regarding the safety and organizational concept, cooperation with police, fire brigade, and emergency medical services, as well as crisis management. Depending on the federal state and the type of event, different provisions of the respective Places of Assembly Ordinance apply, focusing in particular on capacity, escape and rescue routes, fire protection, and emergency power supply. Often, approval is only granted if a detailed safety concept is submitted and approved by the authorities. Traffic management measures, on-site medical services, hygiene and environmental protection requirements (e.g., waste disposal, noise protection), as well as regular safety inspections before and during the event, may also be mandatory. Organizers are obliged to work closely with the authorities and strictly comply with their requirements. For events with especially large audiences (e.g., stadium concerts, parades), additional regulations under disaster and hazard prevention laws apply.

What must be considered regarding data protection at events?

When collecting, processing, and storing personal data (e.g., during registration, ticket sales, or photo and video recordings), organizers must comply with the data protection regulations of the General Data Protection Regulation (GDPR). Even at the point of data collection, there is an information obligation pursuant to Art. 13 GDPR to inform data subjects, in particular regarding the purposes of processing, duration of storage, and any transfer of data to third parties (e.g., service providers or sponsors). Participants must give explicit consent in advance to the creation and publication of image and audio recordings, unless such recordings are exceptionally permitted under § 23 of the German Art Copyright Act (KunstUrhG). For the transfer of data to external service providers, data processing agreements according to Art. 28 GDPR are required. Violations of data protection provisions can result in high fines and compensation claims. Additionally, for online registrations, secure transmission (e.g., SSL encryption) and a proper privacy policy on the event website must be ensured.

What contractual peculiarities must be observed when entering into event contracts?

Event contracts cover various legal performance relationships, such as between organizer, artists, technical service providers, venue operators, or catering service providers. Essential points include precise service descriptions, deadlines, remuneration provisions, as well as clear regulations regarding withdrawal, liability, and force majeure. Especially in the event sector, last-minute cancellations due to weather, illness, or official bans are possible—thus, a thorough force majeure clause is indispensable in the contract. The contract should also include provisions for compensation for breaches and deadlines for rectification of defects. When using copyright-protected works (music, programs, photos), contractual arrangements for the assignment of rights must be secured. GTC should also be included in a legally sound manner and checked for their effectiveness under §§ 305 et seq. BGB. If tickets are sold, statutory information duties and return rights under distance selling law (§§ 312b et seq. BGB) must also be observed.

What needs to be considered regarding the protection of minors at events?

The protection of minors is of particularly high importance at events. Organizers are obligated to comply with the provisions of the Youth Protection Act (JuSchG). This applies to both access to certain events (evening events, concerts, discos) and the provision and sale of alcohol and tobacco. For public dance events, adolescents under the age of 16 may only participate if accompanied by a person with legal custody; for film screenings and games, FSK and USK ratings apply. The serving of spirits and spirit-containing beverages to children and adolescents is expressly prohibited (§ 9 JuSchG); violations are subject to severe fines. Organizers must implement appropriate control mechanisms, such as admission checks, age wristbands, or ID checks. Failure to comply with youth protection regulations can result in fines and, in the case of repeated violations, even revocation of the event license.