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ARTICLE · 10 JANUARY 2023

Regional Court Of Cologne: No Password Request When Using The Termination Button

Oppenhoff
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When terminating a contract using the new termination button in online commerce pursuant to Sec. 312k of the German Civil Code [Bürgerliches Gesetzbuch, BGB], the customer may not be required...

GermanyTechnology
Hanna Schmidt
Hanna Schmidt
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When terminating a contract using the new termination button in online commerce pursuant to Sec. 312k of the German Civil Code [Bürgerliches Gesetzbuch, BGB], the customer may not be required to first enter his customer password. This has now been decided by the Regional Court [Landgericht, LG] of Cologne in a recent decision (29 July 2022 - 33 O 355/22).

The LG Cologne upheld the applicant's complaint that the respondent's website did not offer sufficient options for terminating telecommunications contracts.

A quick reminder: The legislator added the new Sec. 312k BGB with effect from 01 July 2022. This stipulates that an entrepreneur who offers online on a website the conclusion of consumer contracts that establish a continuing obligation, such as subscriptions or mobile and internet contracts, now has to provide a so-called "termination button". Clicking on this button should lead to a confirmation page where the consumer must provide information about the type

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