E-commerce store regulations
Online Store Terms and Conditions - Germany. Expansion into the German Market
In recent years (2019–2025), we have observed a significant increase in the expansion of Polish online stores into the German market. Germany is the largest e-commerce market in Europe, expected to exceed €92 billion by 2025. Geographic proximity, the common EU zone, and a well-developed logistics infrastructure make it a natural development direction for many Polish entrepreneurs.
Why does an online store need documentation adapted to German law?
The German market is extremely competitive, but also rigorous in terms of consumer law. Even minor formal violations—such as a lack of information about the right of withdrawal (Widerrufsrecht) or an incomplete privacy policy (Datenschutzerklärung )—can result in serious sanctions, including costly warnings ( Abmahnungen) from competitors or consumer associations.
Mandatory documents are:
- sales regulations ( AGB – Allgemeine Geschäftsbedingungen ), which must comply with the provisions of the German Civil Code (BGB). They should include
- seller's contact details
- ordering procedures,
- information about payments, delivery and returns ( Lieferbedingungen, Rückgaberecht ).
- Privacy policy ( Datenschutzerklärung ), prepared in accordance with the requirements of the GDPR ( DSGVO ), taking into account, among others:
- legal basis for data processing,
- information about cookies,
- data of the processor ( Verantwortlicher ),
- user rights ( Recht auf Auskunft, Löschung, Widerspruch ).
- Another mandatory document is the right of withdrawal instruction (Widerrufsbelehrung). German law precisely defines the content and form in which the consumer must be informed of their right to withdraw from the contract within 14 days. The absence of this information or its incorrect wording often constitutes grounds for issuing a withdrawal notice.
- Additionally, the German Digital Services Act requires every commercial website to include an imprint. This contains identifying information about the store owner, including company name, address, tax identification number (USt-ID), and contact information.
- Another element is marketing consent . Customers must express their explicit, active consent to receive newsletters or advertising materials, and forms must comply with personal data protection regulations. Pre-selected checkboxes or "hidden" consents in other provisions are prohibited.
Risk of documentation not complying with German law
In Germany, the principle of equal competition (Wettbewerbsrecht) plays a particularly important role. Any business owner can be called upon to amend their documents by a competitor or consumer organization—such calls are called Abmahnungen, often accompanied by a demand for payment of legal fees.
Law firm support – professional protection of the store's interests
Our law firm has been supporting entrepreneurs planning e-commerce expansion to Germany for years. We offer comprehensive assistance in:
- creating regulations in line with German regulations
- preparing a privacy policy compliant with the GDPR,
- adapting consent forms and checkboxes to the requirements of German regulations,
- representation in the event of receiving Abmahnung,
- audit of the existing store for compliance with German law.
Expansion with a head on your shoulders and legal support
Starting an e-commerce business in Germany requires diligence, knowledge, and adherence to strict regulations. The key to success lies not only in a good product and logistics, but also in professional documentation. This allows entrepreneurs to avoid sanctions, build customer trust, and expand sales on Europe's largest online marketplace.
Want to enter the German market risk-free? Contact us – we'll prepare your documentation in accordance with current legal regulations and SEO best practices.
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