The amendment to the Product Safety Act, which has not yet been passed, provides for a fine of up to EUR 10,000.00 for offences by online sellers in the area of information obligations.
Missing information on the Internet are definitely anti-competitive. Lawyer Johannes Richard from the law firm Internetrecht Rostock assumes that competitors are unlikely to issue warnings on this topic, as they are not likely to make any mistakes themselves.
"However, I see a considerable risk with so-called warning organisations, which can of course issue warnings on the subject. The problem is the declaration to cease and desist with a penalty clause that is demanded in connection with the warning letter. This will not relate to a single product, but rather to consumer products in general, for example," says attorney Johannes Richard.
Online sellers affected by such a warning would then have to implement the information obligations on all platforms used without delay, i.e. not only on Amazon or eBay, for example, but also in the online shop. "I assume that the warning organisations will target those sellers who do not provide any information at all," Johannes Richard continues. Compiling the relevant information, especially for sellers with many products, and displaying it in an online shop, for example, will be very time-consuming.
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