Regulation on information obligations for service providers (service information requirements-Regulation-DL-InfoV)

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DL-InfoV

Date of completion: 12.03.2010

Full quote:

" Service Information Obligations-Ordinance of 12 March 2010 (BGBl. I p. 267) "

*)

This Regulation provides for the implementation of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 327, 30.12.2006, p. OJ L 376, 27.12.2006, p.36).

Footnote

(+ + + Text certificate: 17.5.2010 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 306L0123) + + +) 

  

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Input formula

Pursuant to § 6c in conjunction with Section 146 (2) (1) of the Commercial Code, which is defined by Article 1 of the Law of 17 July 2009 (BGBl. I p. 2091), the Federal Government is responsible for: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to persons providing services which fall within the scope of Article 2 of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 327, 30.12.2006, p. 36). (2) The Regulation shall also apply where service providers established in the territory of the country and having recourse to the freedom to provide services in another Member State of the European Union or one (3) The Regulation shall not apply if, in another Member State of the European Union or another State Party to the Agreement, the Agreement on the Service providers established in the European Economic Area at Use of the freedom to provide services in Germany. (4) The information to be provided under this Regulation shall be provided in German. This shall not apply to information referred to in paragraph 2. Unofficial table of contents

§ 2 Stets to provide information

(1) Without prejudice to any further requirements arising from other legislation, a service provider shall, before the conclusion of a written contract or, if a written contract is not concluded, before the conclusion of a written contract, Providing the service with the following information in a clear and comprehensible form:

1.

his family and first names, in the case of legally competent partnerships and legal persons, the firm, stating the legal form,

2.

the address of its establishment or, where there is no establishment, a competent address as well as other information enabling the recipient of the service to contact him quickly and directly, in particular: Telephone number and e-mail address or fax number,

3.

if it is entered in such a register, the commercial register, the register of associations, the partnership register or the register of cooperative registers, together with the register court and the register number,

4.

the name and address of the competent authority or of the single body in the case of an activity subject to a licence;

5.

if it has a sales tax identification number in accordance with § 27a of the VAT Act, the number,

6.

in the event that the service is carried out in the exercise of a regulated profession within the meaning of Article 3 (1) (a) of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, p. 22), the legal professional title, the State in which it was awarded and, if it belongs to a chamber, a professional association or a similar body, the name of which,

7.

the general terms and conditions used by him,

8.

the terms and conditions of the contract, where applicable, on the law applicable to the contract or on the place of jurisdiction;

9.

where appropriate, existing guarantees that go beyond the statutory warranty rights,

10.

the essential characteristics of the service, in so far as it does not already arise from the context,

11.

if there is a professional indemnity insurance, information on that insurance, in particular the name and address of the insurer and the territorial scope.

(2) The provider shall have the choice of the information referred to in paragraph 1.

1.

to communicate to the recipient of the service,

2.

to the place where the service is provided or the contract is concluded in such a way as to make it easily accessible to the recipient of the service,

3.

to make electronically easily accessible to the recipient of the service via an address specified by the recipient, or

4.

to include in all the detailed information documents available to the recipient of the service on the service offered.

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§ 3 Information to be provided upon request

(1) Without prejudice to further requirements arising from other legislation, the provider shall, on request, provide the recipient of the service with the following information prior to the conclusion of a written contract or, where no written document is written, The contract is concluded before the provision of the service is made available in clear and comprehensible form:

1.

in the event that the service is carried out in the exercise of a regulated profession within the meaning of Article 3 (1) (a) of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, p. 22), a reference to the professional rules and to how they are accessible,

2.

information on the multidisciplinary activities carried out by the service provider and on the professional communities existing with other persons, which are directly connected with the service and, where necessary, on the measures taken, that he has taken to avoid conflicts of interest,

3.

the codes of conduct to which it has been subject, the address under which it can be obtained electronically, and the languages in which it is available, and

4.

if it has submitted itself to a code of conduct or is part of an association which provides for out-of-court dispute settlement proceedings, information on it, in particular on access to the procedure and information on its Prerequisites.

(2) The provider shall ensure that the information referred to in paragraph 1 (2), (3) and (4) shall be included in all the detailed information documents relating to the service. Unofficial table of contents

§ 4 Required Prices

(1) The provider shall, before the conclusion of a written contract or, if a written contract is not concluded, before the conclusion of a written contract, provide the recipient of the service with the following information in a clear and to be made available in a comprehensible form:

1.

in so far as it has specified the price of the service in advance, this price in the form laid down in Article 2 (2),

2.

in so far as it has not specified the price of the service in advance, the price of the service on request or, if no precise price can be specified, either the details of the calculation used to determine the price of the service, or Service recipient can easily calculate the amount of the price, or a cost estimate.

(2) Paragraph 1 shall not apply to recipients of services who are the final consumer in the meaning of the Regulation on prices in the version of the notice of 18. October 2002 (BGBl. 4197), as last amended by Article 6 of the Law of 29 July 2009 (BGBl I). 2355), in the current version. Unofficial table of contents

§ 5 prohibition of discriminatory provisions

The service provider shall not disclose conditions for access to a service which contain discriminatory provisions based on the nationality or the place of residence of the recipient of the service. This does not apply to differences in access conditions, which are directly justified by objective criteria. Unofficial table of contents

§ 6 Administrative Offences

Contrary to the provisions of Section 146 (2) (1) of the Industrial Code, those who intentionally or negligently act

1.

, contrary to § 2 (1), § 3 (1) or § 4 (1), information is not provided, not correct, not complete, not in the prescribed manner or not in time,

2.

Contrary to Article 3 (2), it does not ensure that any information referred to therein is included in any detailed information document, or

3.

Contrary to § 5 sentence 1, conditions are known.

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Section 7 Entry into force

This Regulation shall enter into force two months after the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.