What online retailers in Germany can expect in 2022

Next year will again bring many changes in legislation for online retailers, here is a brief summary of important changes:

On January 1, there will be minor changes to the Packaging Act (obligation to provide evidence) and the Electrical and Electronic Equipment Act (calculation of the square meter threshold changed, return of old equipment free of charge).

Another major change relates to the Sale of Goods Directive and so-called digital elements. This will result in numerous changes to warranty law. For example, in the future, the lack of updates can also be considered a defect, which is why new contract terms must be observed for products with digital elements/content and digital services.

Also, “paying with your own data” will now be enshrined in law for the first time.

On January 4, there will be a change in chemicals regulation based on REACH.

On March 1, 2022, automatic contract renewals will be reduced from two years to one year. The notice period is reduced from three months to one month.

On May 28, 2022, the “Omnibus Directive” will be implemented. Here, changes in the Wifderrufsbelehrung will be necessary. Merchants will also be subject to greater obligations to provide information and advice on personalized prices, ranking and customer ratings. There will also be new regulations for discount promotions.

On July 1, 2022, the so-called “cancellation button” will be introduced.

There will also be a sad development in the packaging law for many FBA merchants: In the future, fulfillment clients will also be responsible for shipping packaging and fulfillers will additionally check whether the clients also license the packaging. For FBA in particular, this raises the question of where the relevant data for the purpose of licensing is to be obtained in the future.