Service information obligation regulation

Basic data
Title:	Ordinance on information requirements for service providers
Short title:	Service information obligation regulation
Abbreviation:	DL-InfoV
Type:	Federal Ordinance
Scope:	Federal Republic of Germany
Issued on the basis of:	§ 6c, § 146 Paragraph No. 1 GewO
Legal matter:	Commercial law , commercial administration law
References :	7100-1-10
Issued on:	March 12, 2010 ( BGBl. I p. 267 )
Entry into force on:	May 17, 2010
	Please note the note on the applicable legal version.

The Service Information Obligation Ordinance (DL-InfoV) regulates the information obligations of service providers . The regulations are intended to ensure more transparency and protection for service recipients. The obligations apply without prejudice to any further information obligations arising from other regulations (e.g. from the Telemedia Act , Trade Regulations ).

Legal basis

The statutory ordinance was issued on the basis of the authorization of Section 6c in conjunction with Section 146 (2) number 1 of the trade regulations. It serves to implement Directive 2006/123 / EC of the European Parliament and of the Council of December 12, 2006 on services in the internal market (OJ L 376 of December 27, 2006, p. 36).

scope of application

According to § 1 Para. 1 DL-InfoV, all service providers are covered by the regulation insofar as they fall within the scope of Article 2 of Directive 2006/123 / EC . The exceptions include B. Financial, transportation and health services.

Regulatory content

The DL-InfoV differentiates between information that must always be kept ready ( § 2 ) and information that only has to be made available on request ( § 3 ). Due to their clear formulation, the paragraphs can be read like a checklist.

The information to be kept ready at all times includes in particular:

Most of the information in accordance with the requirements for the legal notice on websites according to § 5 TMG.
Information on professional liability insurance, specifically the name and address of the insurer, must be provided.

The following information should be particularly emphasized:

Professional information, especially: Reference to professional regulations.
Information on the multidisciplinary activities carried out by the service provider and the professional associations with other people.

When it comes to the form of the information offered, the distinction between whether information has to be kept ready at all times or whether it has to be offered on request also plays a decisive role. In the case of the information that must be kept ready at all times, the provider has the right to choose:

to inform the service recipient of his own accord,
to be kept at the place of performance or the conclusion of the contract in such a way that they are easily accessible to the service recipient,
to make it easily accessible electronically to the service recipient via an address specified by him or
to be included in all detailed information documents made available to the service recipient about the service offered.

In the case of the information to be offered on request, however, the provider must ensure that the information is contained in all detailed information documents about the service.

In § 4 of the DL-InfoV there are specifications on information obligations in connection with pricing. This rule does not apply to services to end users .

Trivia

According to Article 44 of Directive 2006/123 / EC, it should be implemented in national law by December 28, 2009. On March 17, 2010, the regulation was announced in the Federal Law Gazette (No. 11, p. 267) and came into force two months later on May 17, 2010.

Web links

Ordinance on information obligations for service providers (Service Information Obligation Ordinance - DL-InfoV) ( BGBl. 2010 I p. 267 )

DL-InfoV Ordinance on information obligations for service providers

Directive 2006/123 / EC (PDF) ofthe European Parliament and of the Council of December 12, 2006 on services in the internal market