(c) German lawyers mth Tieben & Partner Cologne
In order to ensure consumer protection as well as increase the transparency within the Single European Market for services, the German Regulation on Disclosure Requirements for Services Providers (DL-InfoV) was introduced on Mai 17th 2010 which implements Art. 22 et seq. of the EU Services Directive (2006/123/EC).
It contains a set of disclosure requirements to be observed by European service providers established in Germany. Businesses from other EU Member States that provide cross-border services temporarily are subject to the legislation effective in their home country, which is also based on the Art. 22 et seq. of the EU Services Directive.
According to the directive, it is mandatory for service providers to make the following information available to their customers:
* Identity, legal status, contact details,
* Data on public registration, supervisory authorities, regulated professions and the VAT identity number, where appropriate,
* Information on insurances and guarantees, such as professional liability insurances, if applicable,
* General terms and conditions, contract clauses on the choice of the legal system that is applicable to the contract.
The following information must also be provided at customer’s request:
* Price of the service or the applied price calculating method
* Professional rules of the country of origin and codes of conduct applicable to the business activity
* Multidisciplinary activities and partnerships in case of a possible conflict of interests.
This information must be clear and unambiguous and needs to be available to the customer either before a contract is signed or before the service is provided. In many cases, the service provider may choose to communicate this information directly to customer, publish it on the internet or make it accesible in the business premises.
Additionally, the regulation includes provisions on proper complaint management. Service businesses must give their customer the opportunity to file complaints directly to a postal address or through other means of communication. Moreover, they must make sure that complains are answered immediately.