Not good prospects for (online) traders: tightening of competition and consumer protection law
Supply bottlenecks: rights and claims of retailers and online traders
Modernisation of consumer protection: obligations to provide information, fines and damages
New BGB contract law - focus on goods with digital elements and digital services
Suppliers may stop supplying a retailer for falling below the RRP - under certain conditions
Retail and Consumer Goods
Retail and consumer goods are your business – we’ll look after the legal issues.
Benefit from our knowledge of the industry and the expertise we have provided to renowned companies at home and abroad.
We’ll guide you safely through commercial, supply and license or distribution agreements, real estate issues, questions concerning research and development as well as product liability, trademark protection and competition law. Of course, this also includes representation before the courts or in arbitration proceedings. Our sectoral group has particular expertise in the beauty, fashion, luxury and food & beverage sectors. Because we’re almost daily touching base with retail and consumer market representatives, we are aware of their specific, diverse and complex legal issues and develop tailor-made and individual solutions with you.
Examples of our advisory services:
Distribution antitrust law: Agreements of terms and conditions online and offline, guarantee schemes
Establishment of (flagship) stores
Optimization and restructuring of retail property portfolios
B2B-e-commerce - digital marketplaces
B2C-e-commerce - new requirements (Platform Regulation, UTP Directive)
Action against trademark piracy and infringements
Social media marketing: cooperation with influencers
Cross-channel business models (e-commerce, cross-border)
Employee representation in branch and shop-in-shop structures
Corporate social responsibility
- Draft law implementing the UTP Directive
- Right of withdrawal and e-food - is this combination possible?
- "E-food": what operators should know about the Platform-to-Business Regulation
- "Vegan" and "vegetarian" foods: Liability risks for manufacturers
- Act to Improve the Enforcement of Occupational Health and Safety: new minimum requirements which not only concern the meat industry
- Golden gummy bears and square chocolate bars: The Federal Court of Justice on the trademark protection of product designs for foodstuffs
- Artificial intelligence in retail: The way forward vs. data protection?
- Cyber security in times of digitisation: what precautions managing directors should take
- Artificial intelligence in customer service: legal framework conditions for chatbots in online shopping
- Caught in the net - a different way of catching customers: the fairness aspects of geofencing
E-commerce is currently the driving force behind the retail and consumer goods industry and is putting existing structures to the test. Manufacturers often fear a decline in stationary business or disputes with stationary dealers. This structural change is also continuing in the real estate sector. The legal requirements in this context are manifold:
operation of online stores,
distribution agreements,
direct distribution by manufacturers,
sales abroad,
handling of user data and consumer rights,
social media, influencer and online marketing,
contract law (including supply and rental agreements),
dispute resolution,
transport and competition law.
Our attorneys in the individual practice areas have already published the following articles on e-commerce:
General terms
General terms and conditions of business
- Online providers must change their general terms and conditions
- Federal Cartel Office requests Amazon to change its business terms and conditions
Data Protection
- "Planet49" decision by the Federal Supreme Court: Pre-selected opt-in does not provide effective consent to cookies
- New dietary restrictions in Germany – “Cookies” only with (genuine) prior consent?
Platform distribution and marketplaces
Geoblocking
Today, sustainability is an indispensable topic for many companies in the retail and consumer goods industry. Companies are committing themselves to greater sustainability and are taking appropriate initiatives. At the same time, sustainability is increasingly being demanded by cus-tomers and business partners.
What legal risks are associated with corresponding initiatives and measures to achieve greater sustainability? We have appraised the issue of sustainability from the perspective of diverse legal areas.
Our attorneys in the retail and consumer goods sector are your experts on sustainability:
- Antitrust law a spoilsport for sustainability initiatives?
- Warranty mark strengthens legal position of certification marks
- Sustainability in the supply chain
- Sustainability: duties and liability risks for the management board/management and supervisory board
- Environmental protection in companies - implementation with or without the works council?
- "Digitale Veränderungsprozesse und nachhaltige Zukunftskonzepte – was haben Arbeitgeber zum Thema Mitbestimmung dabei zu beachten?" [Digital change processes and sustainable future concepts - what points do employers have to consider regarding co-determination?]
