Consumer Dispute Resolution: Information Duty under § 36 VSBG

Companies that conclude contracts with consumers must state, in an easily findable way on their website and in their general terms and conditions, whether they take part in consumer dispute resolution. Many businesses still confuse this obligation with the now superfluous link to the EU dispute resolution platform.

In brief: § 36 VSBG (the German Consumer Dispute Resolution Act) obliges companies with more than 10 employees that conclude consumer contracts to provide easily accessible information on their participation in a consumer dispute resolution body. Businesses with up to 10 employees are exempt. Missing or incorrect information can be subject to a competition law warning letter (Abmahnung), as can a link that is still present to the EU ODR platform, which has been shut down since 20.07.2025.

Who is subject to the information duty?

Companies with more than 10 employees that conclude contracts with consumers are affected, regardless of legal form or industry, as long as end customers regularly act as contracting parties. Whether an online shop, a craft business or a service provider: the only decisive factor is that consumers are party to the contract, not the type of business model. Businesses with up to 10 employees are expressly exempt from § 36 VSBG and do not have to provide any such information, even though many do so anyway out of caution. Anyone unsure whether their own headcount or customer base triggers the obligation can quickly gain clarity with a tool such as Company Audit on which of these obligations actually apply to their own company.

What exactly do you have to do?

First, clarify internally whether your company voluntarily takes part in a consumer dispute resolution body; § 36 VSBG does not impose an obligation to take part, but it does impose the obligation to provide information about it. Then include a short, clearly worded notice on your website and in your general terms and conditions that is easy to find, for example in the footer, in a separate "Dispute resolution" section or directly in the contact area. If you do not take part, it is enough to state truthfully that you do not participate and that there is no obligation to do so; an elaborate legal text is not needed for this, a concise, correct text block is sufficient. It is also sensible to maintain the chosen wording block in a central place so that the website and the general terms and conditions always show the same status and changes are not made in only one of the two places.

What about the link to the EU dispute resolution platform?

The previously widespread link to the EU online dispute resolution platform (ODR) no longer belongs on your website, as the platform has been definitively shut down since 20.07.2025. An ODR link that is still present in the legal notice, general terms and conditions or email signature is itself a legal violation that can be the subject of a warning letter, because it refers to an offering that no longer exists and misleads consumers. You should therefore specifically check all the places where the link was previously placed, such as the website footer, the text of the general terms and conditions, email signatures and, where applicable, quotation templates, and remove it completely rather than merely deactivating or hiding it.

What are the consequences of a violation?

Missing, outdated or inaccurate information on consumer dispute resolution can be subject to a warning letter under competition law. This applies both to the complete absence of the information and to an ODR link that is still present, which has meanwhile become a risk in itself. Warning letters in this area cause additional costs for legal advice and penalty-backed cease-and-desist declarations, costs that can be avoided entirely with a correct text passage of a few sentences. Since the information must be maintained in parallel in several places (website and general terms and conditions), it is worth keeping a short note of where the block is placed so that it is not forgotten in future changes.

These are the steps to implement the obligation

The following five steps lead from checking whether you are affected to keeping the information up to date on an ongoing basis:

1. Check whether there are more than 10 employees and whether contracts are concluded with consumers.
2. Decide whether to take part (voluntarily) in a consumer dispute resolution body.
3. Include the corresponding information in an easily accessible way on the website and in the general terms and conditions.
4. Remove the superfluous ODR link to the EU platform from the legal notice, general terms and conditions and email signature.
5. Keep the information up to date when changes occur.

Frequently asked questions

Does my company have to take part in consumer dispute resolution?

No, § 36 VSBG does not in principle impose any obligation to take part. Only clear information is mandatory: whether and with which body participation takes place, or indeed does not take place.

From how many employees does the information duty apply?

The obligation under § 36 VSBG applies with more than 10 employees. Businesses with up to 10 employees are expressly exempt and do not have to provide any information.

Where exactly does the notice have to appear?

It must be easily accessible; the usual places are the company website, for example in the footer or in a separate section, as well as the general terms and conditions.

Is the link to the EU ODR platform still necessary?

No. The platform has been shut down since 20.07.2025; a remaining link must be removed and is itself a risk of a warning letter.

What happens if the information is missing or outdated?

Missing or incorrect information can be subject to a warning letter under competition law and can lead to warning letter costs as well as penalty-backed cease-and-desist declarations.

Source: § 36 VSBG. This article is general information and does not replace legal advice in individual cases. As of: July 2026.