Information Obligations and Disinformation of Consumers: German Law Report

Abstract

The German national report covers aspects regarding information/disinformation of consumers according to German law and thus serves as a source for the general report. Key topics are the characteristics of the underlying consumer model, pre-contractual information in general (with a particular focus on transparency requirements), food information, misleading commercial practices and control of unfair contract terms. Regarding the latter the German rules for the control of standard contract terms significantly differ from the rules that specifically transform the Directive 93/13/EEC on unfair terms in consumer contracts (which is specifically discussed with regard to bargaining power). Sector specific observations cover the financial consumer and the digital consumer (especially addressing distance sales and data protection). Additionally, the national discussion regarding (mandatory) consumer information as a problem of information overload is being considered. Final observations regard measures relating to the education of consumers.