Planned regulations for ticket sales: what ticket providers and event organisers need to know now

Ticket sales for sporting and cultural events are set to undergo comprehensive new regulation. The German government is planning measures to protect consumers from excessive prices and fraudulent practices, and to give organisers greater control over the secondary ticket market. For ticket providers and organisers, this presents not only new challenges but also an opportunity to make their business models legally compliant and future-proof.

Challenges of the secondary ticket market

The secondary ticket market is a lucrative but legally sensitive business sector. Platforms well-known in the sports and events industry enable tickets to be resold anonymously and often at substantial mark-ups. In doing so, commercial providers frequently resort not only to automated software (so-called ‘bots’) – which is prohibited in Germany by the introduction of paragraph 23a in the Annex to Section 3(3) of the Unfair Competition Act (UWG) – but also to manual methods, in particular the use of false identities (so-called ‘fake accounts’) as well as foreign credit institutions, to buy up large quantities of sought-after tickets before fans even have a chance. These tickets are sold on average at 250% above the original price, and in extreme cases even at 1600% above the original price.

Problems for organisers and ticket providers:

• Reputational damage: Consumers often associate inflated prices with the original seller, which can damage the brand image.
• Legal uncertainty: Unreasonable price mark-ups or insufficient measures against the secondary market could result in legal consequences.
• Limited control: Unauthorised resale makes it difficult for event organisers to enforce pricing structures and security measures such as personalised tickets.
• Invalid tickets: Consumers are increasingly complaining about tickets that lose their validity due to unauthorised resale, leading to dissatisfaction and a loss of trust, and this is frequently associated with the original seller.

Status quo: Current legal situation in Germany

The secondary ticket market in Germany has so far been inadequately regulated, which is why organisers must rely on contractual claims to prevent the unauthorised resale of tickets. A common measure is the inclusion of resale prohibitions in the General Terms and Conditions (GTC). By including these, an attempt is made to contractually prohibit the resale of tickets and to enforce contractual penalties in the event of breaches. In any event, case law in recent years has deemed the following to be permissible terms and conditions: setting specific price caps for resale (see Higher Regional Court of Celle, judgment of 27 February 2020 – 13 U 18/19) or the formulation of prohibitions on assignment to the detriment of commercial ticket dealers where the organiser has a legitimate interest (see Munich Regional Court I, judgment of 2 August 2017 – 37 O 17726/16 and judgment of 7 December 2020 – 39 O 11168/19).

Furthermore, many organisers rely on personalised tickets, which make resale considerably more difficult as they can only be used by the original purchaser.

Finally, organisers may assert claims for removal and injunctions under the Unfair Competition Act (UWG). In recent years, commercial secondary ticket sellers have already been required by case law to provide greater transparency in relation to ticket guarantees, short selling prior to official advance sales and the resale of personalised tickets (see Munich Regional Court I, judgment of 26 July 2024 – 37 O 2100/22; LG Berlin II, judgment of 23 October 2024 – 91 O 56/24).

Although the aforementioned measures offer approaches to regulating the secondary ticket market, they frequently reach their limits in practice. In particular, identifying resellers is often an insurmountable hurdle, which already prevents the enforcement of claims.

Planned measures by the Federal Government

The Federal Government is planning comprehensive regulation of the secondary ticket market to better protect both consumers and event organisers. The core elements of the planned reform include:

• Transparency requirements: Platforms must clearly display the original price and the type of seller (private or commercial).
• Price caps: Event organisers should be able to stipulate in their terms and conditions that tickets may only be resold at a price not exceeding a certain percentage above the original price.
• ‘Notice-and-takedown’ principle: Platforms should be obliged to remove reported false information promptly and to provide a reporting system.

Technological solutions and compliance

The planned measures to regulate the secondary ticket market not only require companies to adapt their business models and processes, but also offer the opportunity to strengthen customer trust through innovative approaches. One promising solution is personalised tickets, which make unauthorised resale considerably more difficult and allow organisers greater control – a model that is already being successfully implemented in Italy, for example, at major events. Furthermore, authorised resale platforms can play a key role by creating transparency and curbing the black market. In addition, technological tools such as blockchain technologies offer innovative approaches to ensuring ticket traceability and effectively preventing tampering. Such measures not only strengthen legal compliance but also bolster customer confidence in the integrity of ticket sales.

Set the course now: capitalise on opportunities and minimise risks in ticket sales

The planned regulations for the secondary ticket market present new challenges for ticket providers and event organisers. At the same time, they offer the opportunity to strengthen customer trust through legally sound and transparent business models and to position oneself as a pioneer in a changing industry. Companies that respond to the planned changes at an early stage can not only minimise legal risks but also secure long-term competitive advantages. Review your current ticket sales models: Are your terms and conditions, pricing models and processes prepared for the upcoming regulations?

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