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Mandatory legal information behind mouseovers is unlawful

Mouseovers Distance selling Competition law PAngV UWG

The regulations of the Competition law are omnipresent for online stores and e-commerce platforms. Mandatory legal information plays a central role in ensuring that consumers are fully informed. One practice that is increasingly encountering legal concerns is the use of mouseover effects to display such information.

This article examines the relevance of mouseovers in the case of statutory mandatory information in distance selling under competition law and analyzes three landmark rulings by German courts.

What are mouseover effects?

A mouseover effect is a technical function on websites that displays additional information or options when the cursor is moved over a specific element on a website. This method is often used to save space and ensure a clean user interface. However, the use of mouseover effects to display mandatory legal information is usually legally inadequate. You risk Warnings and injunctions!

Common mandatory information in distance selling

Numerous German laws impose information obligations on webshop operators. The most important mandatory information in distance selling includes

  • Final priceThe full price of the product, including all taxes and duties.
  • Shipping costsAll costs associated with shipping the product.
  • Base priceThe price per unit of quantity (e.g. per liter or kilogram) for products offered by weight, volume, length or area.
  • Delivery timeThe estimated time required for delivery of the product.
  • Cancellation policyInformation on the consumer's right to withdraw from the contract.

Requirements for mandatory disclosures

Mandatory statutory information must Clear, understandable and recognizable at first glance be. This means that consumers must see this information without additional actions such as moving the cursor over an element or clicking on links. This requirement ensures that consumers are fully and transparently informed before making a purchase decision.

The problem of mouseover effects with mandatory information

The use of mouseover effects to display mandatory information does not meet these requirements. Information that only becomes visible when the user takes an action is not immediately recognizable and easily accessible. As a result, consumers may overlook important information or not notice it in time, which can influence their purchase decision.

Decisive rulings at a glance

LG Frankfurt: Mandatory information via mouseover

Facts of the case

On 17.04.2024, the Regional Court of Frankfurt dealt with a case under ref. 2-06 O 361/22 in which a large electronics company offered cell phones in a "tariff bundle". The delivery time and other important contract information were only displayed using a mouseover effect. The Federal Association of Consumers took legal action against this practice, arguing that it violated statutory information obligations.

Decision

The court ruled that the provision of mandatory information by means of a mouseover effect does not meet the legal requirements. This information must be clearly visible without the consumer having to take any additional action. The decision emphasized the need for a transparent information policy and compliance with the EU Consumer Rights Directive.

LG Hamburg: Shipping costs in Google ads

Facts of the case

A competitor took legal action against an online store for parasols whose articles were also displayed as shopping snippets on Google. There, however, the shipping costs were only visible through a mouseover effect. The plaintiff considered this to be a violation of the Price Indication Ordinance (PAngV) and the Unfair Competition Act (UWG).

Decision

On 13.06.2014, case no. 315 O 150/14, the Regional Court of Hamburg confirmed the infringement of competition law and ruled that shipping costs must be immediately visible in price comparisons. The practice of only displaying them via a mouseover effect was deemed inadequate and anti-competitive. The court emphasized that consumers must be able to see all relevant price information at a glance.

LG Bochum: Base price obligation for eBay offers

Facts of the case

A retailer offered aloe vera products on eBay and only made the base price visible by means of a mouseover effect in the gallery view. A competitor complained because the base price was not displayed directly next to the final price.

Decision

The Bochum Regional Court ruled on 19.06.2013, case no. I-13 O 69/13, that the basic price must be immediately visible next to the final price and condemned the mouseover practice. This method did not meet the requirements of the PAngV, which stipulates that price information must be clearly and prominently visible. The court also rejected the application of the exemption rule for cosmetic products, as the aloe vera products were also advertised with nutritional information.

Effects on online retailers

The rulings highlight the need for online retailers to rethink and adapt their information policy. Mouse-over effects are not a permissible method of displaying legally required information such as delivery times, shipping costs or basic prices. This information must be clear, prominent and immediately visible in order to comply with legal requirements and avoid infringements of competition law.

Recommendations for action

  1. Transparent pricingAll price components, including shipping costs and base prices, must be visible immediately and without additional interactions. This applies not only to your own store, but also to third-party stores and price comparison sites.
  2. Review of the website designOnline retailers should regularly check their websites and ensure that all mandatory information complies with legal requirements.
  3. Legally compliant advertisingPrice comparisons and advertisements should always present all relevant information clearly and completely in order to avoid misunderstandings and legal consequences.

Conclusion

The relevance of mouseovers for statutory mandatory information in distance selling under competition law is clearly defined by the rulings of the German courts. Online retailers must ensure that all essential information is immediately and clearly visible in order to meet legal requirements and gain the trust of consumers. These rulings make it clear that mouseovers are unsuitable for displaying mandatory legal information and should serve as an impetus for a transparent and user-friendly information policy.

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