Overview and categorisation of the most important innovations
E-commerce law is subject to dynamic changes that present online retailers with new challenges in terms of accessibility, pricing and consumer protection. Since June 2025, the Barrierefreiheitsstärkungsgesetz (BFSG) has forced comprehensive adjustments, while new judgments have significantly tightened the rules for discount campaigns. Future plans such as the Digital Fairness Act and a mandatory cancellation button point to a further tightening of regulatory requirements.
The BFSG has come into force
The Accessibility Improvement Act (Barrierefreiheitsstärkungsgesetz – BFSG) transposes the European Accessibility Act (EAA) into German law. Since 28 June 2025, companies have been obliged under the BFSG to make certain products and services accessible. In eCommerce, this applies in particular to all online shops, booking and property portals and comparable digital offerings, provided they are aimed at concluding consumer contracts. This means that the majority of online trading platforms as well as manufacturers and retailers who sell directly to consumers online fall within the scope of the BFSG.
In concrete terms, this means that websites, mobile apps, digital customer communication (e.g. chat and contact forms), payment processes and the conclusion of electronic contracts must be accessible. If they have not already done so, companies should make the necessary adjustments as quickly as possible in order to eliminate the risk of warning letters. There is also the threat of regulatory measures, although the approach of the supervisory authority is still unclear. If a company's own offering does not yet fulfil the requirements of the BFSG, there is in any case an obligation to notify the competent supervisory authority, which is subject to a fine.
In order to achieve compliance, it is particularly important to have an accessibility declaration and to comply with relevant standards such as EN 301 549 (latest version expected in summer 2026) and Web Content Accessibility Guidelines (WCAG) 2.2. It is also advisable to integrate accessibility into development processes at an early stage ("Accessibility by Design") and to clearly define internal responsibilities in order to minimise liability and reputational risks.
You can also find out more about the responsible market surveillance authority, exceptions and specific accessibility requirements under the BFSG in our article, podcast episode or webinar on the BFSG.
The EU online dispute resolution platform has been abolished
Since 20 July 2025, the EU's ODR platform has finally been switched off. Retailers should now remove all links and references to the ODR platform from their websites.
The purpose of the platform was to strengthen confidence in the EU internal market and thus cross-border online trade by providing consumers and online retailers with a central point of contact for initiating an out-of-court dispute resolution procedure for conflicts relating to online purchases.
We provide more details on the background and an outlook on possible innovations here.
More clarity on price information
Violations of the Price Indication Ordinance (PAngV) are known to always carry the risk of a warning letter. With the PAngV, Germany is implementing various EU directives. A new version has been in force since May 2022.
At the end of September 2024, the European Court of Justice issued guidelines on how the "30-day lowest price" rule should be applied (judgement of 26 September 2024, C-330/23). This stipulates how retailers must indicate the comparative price for a discount and how discounts are to be calculated.
In summary, the following applies:
- Struck-through prices: The crossed-out "previous price" must always be the lowest price of the last 30 days and must not simply be the last sale price.
- Percentage discounts: The ECJ has clarified that percentage discounts (e.g. "-20%") must also be calculated on the basis of this 30-day lowest price.
This means that every discount promotion sets a new, lower reference price for the future and thus makes subsequent promotions more difficult.
The German Federal Court of Justice, which had referred the matter to the ECJ in the above-mentioned proceedings on the interpretation of Art. 6a (1) and (2) of Directive 98/6/EC, has now heard oral arguments in the underlying proceedings (I ZR 183/24). A ruling is expected to be issued on 9 October 2025 and will provide more clarity as to which specific discount pricing schemes are to be considered permissible or impermissible.
Update: Digital Fairness Act - EU Commission launches consultation
EU consumers are to be better protected in the digital space. To this end, the European Commission announced the Digital Fairness Act at the end of 2024. We have already summarised the background and information on the planned project in this article. Although a concrete draft is not expected until 2026, a public consultation has been running since 17 July 2025. This will give citizens and stakeholders the opportunity to submit their opinions and recommendations by 9 October 2025 and thus actively help shape the legislative process.
What is the consultation about?
The consultation focuses on combating unfair business practices in the digital space, in particular in connection with dark patterns, misleading influencer marketing, so-called "addictive designs", i.e. deliberately designed elements that entice users to stay longer or use them more frequently, as well as unfair personalisation practices. The consultation is also intended to help ensure fair competition for online retailers and facilitate the enforcement of regulations by the competent authorities.
Study analyses possible regulatory options
In parallel to the consultation, the Commission has also commissioned a study to support the impact assessment of the future Digital Fairness Act. Such an impact assessment will examine whether EU action is necessary and what effects possible regulatory approaches would have.
According to press releases, the study also covers dark patterns and addictive designs as well as functions in video games, pricing tactics, the behaviour of influencers and digital contracts. Specific areas being analysed include:
- Imposing a general obligation of fairness by design
- Revision of the concepts of the "average" and "vulnerable" consumer
- Mandatory age verification for targeted advertising, video games and addictive designs
- Expansion of the blacklist (Unfair Commercial Practices Directive - UCPD), including manipulative designs and price indications such as "drip pricing" or misleading "from" prices
- Prohibition of price personalisation if it is specifically aimed at children or other particularly vulnerable consumers
- Extension of the DSA ban on behaviour-based advertising to minors to other online operators beyond platforms.
Focus on digital consumer protection
Protecting consumers from unfair business practices on the internet is also of central importance in Germany. Courts are increasingly dealing with manipulative designs, particularly in the context of online purchases. For example, the Berlin Regional Court ruled on 11 February 2025 (case no. 15 O 287/24, not final) on aggressive business practices within the meaning of Section 4a UWG. In the case, the court found that several factors constituted unlawful influence on consumers: the website's specific design, the need to click away further offers twice, the wording used, and the creation of time pressure.
The increasing regulatory attention and the intensified scrutiny from the courts shows this: The pressure to act is increasing. The planned regulations could bring about far-reaching changes. Companies with digital business models - from e-commerce and gaming to social media - will have to adapt to significantly stricter requirements. It is therefore advisable for them to keep an eye on developments and review their online offerings at an early stage.
New EU guidelines on the protection of minors
The EU Commission published guidelines on the online protection of minors on 14 July 2025. They specify the requirements of Article 28 (1) of the Digital Services Act (DSA) and are intended to improve the safety of children and young people in digital environments. The guidelines were developed as part of a broad-based process that included a public consultation, stakeholder workshops in October 2024 and June 2025 and collaboration with other experts. The Commission will use the guidelines as a benchmark for assessing DSA compliance in the future. Even though they are not legally binding, they will play a central role in the enforcement of the DSA by the national regulatory authorities.
What are the guidelines about?
The guidelines set out concrete measures that platforms should take to protect minors from risks such as harmful content, cyberbullying, addictive behaviour, grooming and unfair commercial practices. The recommendations apply to all online platforms that are accessible to minors, with the exception of small and micro-enterprises.
Specific measures include, among others:
- Default setting of user accounts for minors to "private"
- Customisation of recommendation algorithms
- Blocking and muting functions for underage users
- Prohibition of downloading posts by minors
- Deactivation of addictive functions by default
- Protection against exploitation and manipulative offers
- Improved moderation and reporting processes
Another focus is on age verification methods, whereby a distinction is made in particular between age estimation and age verification. The guidelines state that providers should only use methods in this context that are reliable, accurate, non-discriminatory and as non-invasive as possible. It is also recommended that age-differentiated protection measures be applied specifically where there are concrete risks for minors, rather than restricting the entire service on the basis of age.
In connection with technical solutions, it is pointed out that the EU Commission is currently testing an age verification solution. This is intended to facilitate age checks even before the introduction of the European Digital Identity Wallet (EUDI Wallet), which is planned by 2026. The solution is intended to serve as a reference for a compliant, device-based procedure.
Outlook
The guidelines represent an important step towards concretising the requirements of Article 28(1) of the DSA. They show which specific protective measures are expected of online platforms in order to ensure the online safety of children and young people. Even if compliance with the guidelines is not formally mandatory, they are of considerable importance in practice - both for risk assessment by the providers themselves and for supervision by the national authorities. Providers should check at an early stage to what extent their services are accessible to minors and whether the existing protective measures meet the requirements of the DSA.
Mandatory withdrawal button coming
In the foreseeable future, an electronic withdrawal function will be mandatory for all distance contracts concluded via an online user interface. The introduction of the mandatory withdrawal button is prescribed by an EU directive. This is to be implemented via an amendment to consumer contract and insurance contract law. The Federal Ministry of Justice presented a corresponding draft bill on 9 July 2025. The law will be part of a more comprehensive legislative package that provides for far-reaching changes in e-commerce.
Online retailers will have to ensure that consumers can cancel a contract just as easily as they conclude it. The withdrawal function must be permanently available, easily accessible and clearly labelled, for example with "Cancel contract".
This measure is directly aimed at preventing so-called "dark patterns", which make it more difficult to cancel contracts and thus increase consumer protection. Online retailers are therefore required to adapt their user interfaces accordingly and ensure that the withdrawal button meets the legal requirements.
As soon as the draft law is passed, online retailers will be obliged to implement the new regulations. Companies should start preparing now in order to fulfil the requirements on time.
Conclusion and outlook
Current developments in e-commerce law paint a clear picture: the regulatory density is increasing significantly and the focus is shifting unmistakably towards comprehensive, proactive consumer protection. From the mandatory barrier-free design under the BFSG to the stricter transparency requirements in pricing imposed by the courts and the new DSA guidelines on the protection of minors, the strengthening of user rights runs as a common thread through all innovations. These measures affect the entire life cycle of a digital offering - from the design of the user interface to the marketing strategy and the simplification of contract termination.
The outlook confirms this irreversible trend. With the planned Digital Fairness Act and the introduction of the mandatory withdrawal button, the next far-reaching projects are already in the starting blocks. These are directly aimed at further curbing manipulative designs ("dark patterns") and unfair practices. For companies in the digital space, this means that a purely reactive approach is no longer enough. A strategic, forward-looking integration of compliance requirements ("accessibility & fairness by design") is no longer an optional extra, but a business necessity in order to avoid severe fines, costly legal actions and considerable reputational damage and to ensure their long-term viability in the market.
