Changes to the shop system due to new regulations
The gradual entry into force of the so-called “Fair Consumer Contracts Act” on 1 October 2021 by the German Bundestag has already had a serious impact on the e-commerce sector. An important innovation of the law will now come into force on 1 July 2022 and the resolution of the Data Protection Conference of 24 March 2022 also brings with it a need for action for online shop operators like us.
Guest access becomes mandatory
In future, the creation of a permanent customer account in the online shop may only take place with the express consent of the ordering customer. In principle, it must be made possible for customers to place their order in an equivalent manner via a guest access without having to create a customer account in the online shop. According to the resolution of the Data Protection Conference (DSK), consent would otherwise not be voluntary. An exception to the consent requirement applies to online traders who sell their goods exclusively to certain professional groups. In this case, the creation of a customer account may be necessary for the execution of an order. However, the principle of data minimisation must also be taken into account here, for example by automatically deleting the customer account after a short period of inactivity.
The provision of guest access in the online shop also offers a good reason to generally review it with regard to its compliance with the GDPR. This applies in particular to the implementation of the information and deletion obligations that must be observed.
Setting up a cancellation button will become mandatory
As of 01 July 2022, the cancellation button will become mandatory. This will apply to contracts against payment that were concluded via a website or other online media (e.g. apps). The termination process is thus to be brought into line with the simple procedure of an online order in order to terminate continuing obligations in electronic commerce. Termination at the push of a button becomes possible with the new regulation of the “Fair Consumer Contracts Act” (§ 312k BGB). The cancellation button must therefore be made available in a functional manner from 01 July 2022.
For you as a customer this means:
- a customer account is now no longer required for an order. During the order process, you will see a link “Continue without creating an account“, which skips the registration process for creating a customer account.
- Customers who already have a customer account can delete it themselves with a new function in their customer account. This is required by the GDPR anyway and is now made available to you in a simple form.