Regulation On Information Requirements For Service Providers

Original Language Title: Verordnung über Informationspflichten für Dienstleistungserbringer

Read the untranslated law here: http://www.gesetze-im-internet.de/dlinfov/BJNR026700010.html

Regulation on information requirements for service providers (service-information duties regulation DL-InfoV) DL-InfoV Ausfertigung date: 12.03.2010 full quotation: "service information duties regulation by March 12, 2010 (Federal Law Gazette I p. 267)" *) this regulation serves 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 OJ L 376 of 27.12.2006, p. 36).
Footnote (+++ text detection from: 17.5.2010 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 123/2006 (CELEX Nr: 306L 0123) +++) input formula on the basis of § 6 c in conjunction with § 146 paragraph 2 number 1 of the GewO, which by article 1 of the law of 17 July 2009 (BGBl. I S. 2091) have been inserted, decreed the Federal Government: § 1 scope of application (1) this Regulation applies to persons , provide the services 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 376, 27.12.2006, p. 36) fall.
(2) the regulation shall also apply if domestically established service providers with the use of the freedom to provide services in another Member State of the European Union or another Contracting State to the agreement on the European economic area Act.
(3) the regulation does not apply when working in another Member State of the European Union or another Contracting State to the agreement on the European economic area established service providers with the use of the freedom to provide services in the domestic.
(4) the information to be provided under this regulation are to provide in the German language. This does not apply to information referred to in paragraph 2.

§ 2 always provided detailed information to be satisfactory (1) without prejudice to further requirements specified in other right specifications a service provider has a recipient prior to the conclusion of a written contract or, if no written contract, before the service following information in clear and understandable form to provide: 1. his family and given name, legal partnerships and legal persons the company under indication of the legal form , 2. address of the beneficiary or, if there is no branch, a summonable address and further information enabling the recipient to connect quickly and directly with him in contact, especially a phone number and email address or number of fax, 3. If registered in one, the trade register, register of associations, partnership register or cooperative register of the Court and the registry number, 4 when subject to permit activities name and address of the competent authority or the single point of , 5. If he has a sales tax identification number according to § 27 a of the law on turnover tax, the number, 6 If the service provided in the exercise of a regulated profession within the meaning of article 3 paragraph 1 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 255 of the 30.9.2005, p. 22) provided the legal job title, the State in which it was awarded and if he heard their or its name, a Chamber, a professional association or a similar institution, 7, if necessary, used the general terms and conditions used by him may, 8 by him contract clauses on the law applicable to the contract or through the competent courts, guarantees any existing 9 , which go beyond the statutory warranty rights, 10 the essential features of the service, as far as this not already arising out of context, 11 if a professional indemnity insurance, information about this, in particular the name and address of the insurer and the territorial coverage.
(2) the service provider the information referred to in paragraph 1 has either 1 the recipient itself to inform, 2. the place of performance or of the conclusion of the contract so hold, that they are easily accessible the recipient to make electronically accessible 3. the recipient of an address given by him or to record detailed information documents made available to the recipient of the service 4 in all of it.

Transferable section 3 on request available info (1) without prejudice to more detailed requirements from other legal provisions of service providers must on request following the recipient information prior to the conclusion of a written contract or, if no written contract, before provision of the service in clear and understandable form available: 1. If the service provided in the exercise of a regulated profession within the meaning of article 3 paragraph 1 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 255 of the 30.9.2005, p. 22) provided a referral on the professional regulations and, as these are accessible, professional communities with others 2. information on the multidisciplinary activities carried out by the service provider and the existing, which are directly linked to the service and, where necessary, to the measures it has taken to conflicts of interest to avoid, 3. codes of conduct , he has subjected them, foresees the address under which these electronically can be obtained, and the languages in which they exist, and 4 if he is subject to a code of conduct or an Association member of the or an out-of-court dispute resolution procedures, information to this, in particular to access to the procedure and detailed information about its requirements.
(2) the service provider will ensure that the number included 2, 3, and 4 information referred all detailed information documents relating to the service provided in paragraph 1.

§ 4 required price information (1) the service provider must have the recipient prior to the conclusion of a written contract or, if no written contract, before provision of the service, the following information in a clear and understandable form available: 1 if he set the price for the service in advance has, this price in the form laid down in section 2, subsection 2, 2. If the price of the service has laid down in advance , upon the price of the service or, if an exact price can be specified, either the further details of the calculation, which the recipient can easily calculate the amount of the price, or a cost estimate.
(2) paragraph 1 shall not apply to service recipients are the final consumers in terms of price indication regulation as amended by the notice of 18 October 2002 (BGBl. I S. 4197), most recently by article 6 of the law of July 29, 2009 (BGBl. I p. 2355) is has been modified in the currently valid version.

§ 5 prohibition of discriminatory provisions of service providers known to do any conditions for access to a service, containing based discriminatory provisions on the nationality or the place of residence of the recipient of services. This does not apply to differences in the conditions of access which are directly justified by objective criteria.

§ 6 offences any person within the meaning of article 146, paragraph 2 number 1 of the GewO is, who intentionally or negligently 1 contrary to article 2, paragraph 1, article 3, paragraph 1, or article 4, paragraph 1 information not properly, not completely, not in the prescribed manner or in a timely manner makes available, 2. contrary to section 3 subsection 2 does not ensure that a there called information in each detailed information document is included , or 3. contrary to paragraph 5 sentence 1 is known conditions.

Article 7 this regulation into force shall two months after its promulgation.

Concluding formula the Federal Council has approved.