News & Analysis as of

Germany Consumer Protection Laws

McDermott Will & Emery

Turbo-Zertifikate im Visier – BaFin plant neue Produktintervention

The Federal Financial Supervisory Authority has announced that it intends to restrict trading in so-called "turbo certificates", i.e. MiFID bonds that leverage the performance of an underlying asset and expire immediately...more

Hogan Lovells

BaFin consultation on proposed product intervention measure on Turbo Certificates

Hogan Lovells on

On 21 May 2025 the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin) has launched a consultation (GZ: WA 35-Wp 5427/00001#00554; available here (in German only)) prior to...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - May 9, 2025

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

DLA Piper

German Higher Courts Clarify Strict Requirements for Online Contract Cancellations

DLA Piper on

In two recent decisions, the German Higher Regional Courts (Oberlandesgerichte – OLG) of Cologne and Munich have clarified the – strict – German requirements for cancellation buttons on websites of tech companies providing...more

Morgan Lewis

New Procedural Means in Practice: Leading Decision Procedure and Representative Action

Morgan Lewis on

In November 2024, the German Federal Court of Justice made its first decision within the new leading decision procedure, which is intended to simplify mass proceedings. Another new procedural tool is the redress action. In...more

McDermott Will & Emery

Automotive Finance Update – Recent Court Decisions in Germany Regarding Consumer Protection Under Leasing Agreements with Mileage...

McDermott Will & Emery on

Do consumers enjoy the b..enefit of consumer protection regulation under leasing contracts with mileage allowance? This is subject to debate. The answer is heavily influenced by the discussion as to whether such agreements...more

Hogan Lovells

Doing Business – Consumer Sector

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Entering a new market can be a game changer for businesses in the consumer industry, but it can come with some significant legal risks. Consumer protection laws, supply chain issues, product regulation, data privacy issues,...more

Hogan Lovells

International Products Law Review 2020: Issue 76

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We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

White & Case LLP

Germany's Draft Bill on IT Security 2.0 – Extended BSI Authorities, Stricter Penalties and New Obligations on Providers

White & Case LLP on

On March 27, 2019, the German Federal Ministry of the Interior (GMI) proposed a new bill (the "Draft Bill") for a so-called IT Security Act 2.0 (IT-SiG 2.0). In an effort to take a front-runner role in Europe, Germany has...more

Morrison & Foerster LLP

Youth Protection in Germany: Online Age Checks and Daytime Blackouts Ahead?

Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective...more

Jones Day

Collective Redress in Europe: Comparing the European and German Framework

Jones Day on

The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more

Jones Day

Germany Introduces Class Actions for Consumer Claims

Jones Day on

The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more

Jones Day

German Government Releases Draft Act on Class Actions in Germany

Jones Day on

The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

Hogan Lovells

Big Data and digital markets remain in the focus of competition authorities – German FCO continues to lead the way

Hogan Lovells on

On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. ...more

Hogan Lovells

For the good of the consumer – consumer protection in the 9th amendment of the ARC

Hogan Lovells on

Provisions on consumer protection account for only a small part of the 9th amendment of the German Act Against Restraints of Competition (ARC), which recently came into force. However, the introduction of the reform has led...more

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