Is my company affected by the BFSG?
In short and in plain language
Do you sell online to consumers? Then the law usually applies to you.
Very small firms that offer services are exempt. A small online shop also counts as a service. This does not apply to certain devices such as computers. Offers only for businesses are not covered by the law.
Mixed cases need a closer look. We are glad to look at this with you in a free first talk.
If you sell or offer services online to consumers (B2C), for example through an online shop or a booking flow, you are usually affected: the BFSG covers services in electronic commerce (BFSG Section 1 Para. 3). The most important relief concerns micro-enterprises providing services: those with fewer than ten employees and annual turnover or balance sheet total of no more than two million euros are exempt for these services (BFSG Section 3 Para. 3). This includes a small online shop, because the shop itself is a service. Note: for the products under BFSG Section 1 Para. 2, such as computers, self-service terminals or e-book readers, this exemption does not apply.
Pure B2B offerings fall outside the BFSG. It gets tricky with hybrid cases, for example a shop selling to both businesses and consumers, or platforms with consumer-relevant functions. A careful case-by-case assessment pays off here.
In a free initial consultation we assess your offering together with you against the criteria on the BFSG requirements page; this is not a binding legal review of your individual case. This avoids both unnecessary effort and a costly misjudgment.