E-Commerce Law Reports, volume 16, issue 03

In a press release dated 17 May 20161, the Federation of German Consumer Organisations (‘VZBV’) announced that the Court of Appeal Berlin2 issued a judgment against WhatsApp Inc. (‘WhatsApp’), prohibiting the use of English Terms & Conditions on its website for contracts with consumers in Germany, unless German Terms & Conditions are provided as well (‘Appeal Judgment’)3. Further, the Berlin Court of Appeal ruled that
WhatsApp shall be obliged to provide on its website a second communication channel, in addition to WhatsApp’s (already indicated) email address. The Appeal Judgment is not yet binding.

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