Bitkom Position on Aspects of European Law for the German Proposal for Fair Consumer Contracts

New technical regulations for information society services under the amended German draft “Law on Fair Consumer Contracts”

In March 2021, Germany notified a proposed amendment to its planned “Law on Fair Consumer Contracts” (Gesetz für faire Verbraucherverträge) (the “Proposed Amendment”) as a draft technical regulation for information society services under Art. 5 (1) of Directive (EU) 2015/1535.

In summary, the Proposed Amendment would force information society service providers that offer subscriptions to consumers in Germany to include in their websites, apps, and other online channels, a statutorily defined, specifically labelled button that leads directly to a cancellation form. This button would have to be kept always within the consumers’ easy reach, without requiring a login or other identification. Bitkom asks that the Commission closely investigate the German legislative draft notified under TRIS-Notification Number 2021/17/D (Germany). The Commission should issue a detailed opinion to ensure that Germany does not enact the notified provisions without making accommodations to preserve the unity of the internal market, and to avoid needlessly putting at risk the personal data of consumers.