Last change: 28-05-2024

Rules and legislation for a webshop in Germany

Dutch entrepreneurs are increasingly starting a webshop in Germany. In addition to the exciting marketing activities, there are laws and regulations that must be followed. This will help you avoid so-called " abmahnungen" (high fines). Read in this article what you need to take into account.

Avoid problems and follow German law

It seems obvious: comply with German law to avoid problems. For many entrepreneurs, however, this turns out to be complicated. This is because German legislation differs significantly from Dutch legislation on a number of points. Some examples are:

On your German webshop, you must communicate transparently on product pages about prices including or excluding VAT. In German, this is referred to as: "inkl. MwSt." or "exkl. MwSt." While in the Netherlands it is also okay if you only mention this in the shopping cart.
Depending on the type of product you sell, certain packaging regulations may apply. Please consult the RFO's page for this.
The return policy of shipments from your trade name must be the same for every sales platform (e.g. Ebay or Amazon), otherwise you risk high fines. There are law firms that continually search for providers where this is not the case.

Accessibility of legal documents

The regulations for Web shops are largely set by the European Union, so many rules are similar in the Netherlands and Germany. For example, it is mandatory to have a cookie declaration in both countries. In addition, visitors must actively agree to this statement before you can place cookies on their devices.

Accessible legal information is a very important factor in Germany, as is observing consumer privacy. The most important legal documents are described in the Telemediengesetz. This states, among other things, what information websites and web shops in Germany must provide. A useful tip is to list these types of documents with a link in the footer. Follow the following guidelines when doing so:

The information (and pages) should be easily accessible and accessible to everyone (so preferably not PDF files)
All required documents must have their own individual page on the web shop

These legal documents you MUST have

In addition to making this documentation accessible, it is of course helpful to know exactly what you need to have. That's why we've listed it for you here:

A cookie notification as a pop-up window, so not hidden in a footer. Consumers must consciously agree to a web shop's data processing.
On German websites and web shops, a colophon (Impressum) is mandatory, unlike in the Netherlands. This document must include your address, contact information, Chamber of Commerce number and tax number.
A disclaimer (Haftungsausschluss) is not required, but is recommended, especially if you use links to other websites or wish to apply a copyright to your website.
As in the Netherlands, a privacy statement (Datenschutzerklärung) is mandatory in Germany. Among other things, this declaration must state what personal data you collect, how long you keep it, how people can have their data deleted and what cookies you use.
General terms and conditions (allgemeine Geschäftsbedingungen or AGB) are mandatory in both the Netherlands and Germany and set out such things as return policy, prices, delivery and payment methods. Although similar in content, they differ significantly in details due to national laws.

No appetite for high fines?

"Abmahnungen" are legal warnings that put you at significant risk of litigation. The reason? Your business does not comply with German law. This can quickly cost you €50,000 or more, even for something as simple as forgetting a simple page of information about your business.

You probably don't think it will be that fast, but in Germany the rules are much stricter than in the Netherlands. While in the Netherlands you usually only have to have the most important legal documents in order, in Germany there is a strong culture of legal warnings, known as "Abmahnkultur." Law firms actively search online for companies that do not meet legal requirements or make mistakes in their required pages. These companies may then receive immediate citations.

What to do in the event of a reminder?

Have you already received a reminder on your doormat? No need to panic. Often, when you receive a dunning notice, you immediately receive an "Unterlassungserklärung." This is a proposal to stop certain activities and pay a fine. Do not sign these blindly, because these companies themselves do not always act according to the law either.Contact a German lawyer as soon as possible. This can be done, for example, through the German-Dutch Chamber of Commerce or Trusted Shops Abmahnschutz. These are independent organizations that can help you further.

Use the expertise of our native specialists

After reading this article, you already have a pretty good idea of what you need to comply with. We would be happy to help you on your way so that your shop is fully compliant with German laws and regulations. Our German specialists deliver strategic insights and turn them into powerful execution, making us the ideal partner during all growth phases of webshops. Whether compliance with regulations or making your webshop visible abroad.

Need help with your
German webshop?

I'm Roel, founder of Tomahawk. I am happy to help you from our office in Nijmegen.