Ladies and Gentelmen,
we have prepared the leaflet due to the fact that on January 1, 2021, very significant changes in the law will enter into force, which will result in a partial extension of consumer protection to entrepreneurs running a sole proprietorship (individual business activity), provided that they conclude contract with another entrepreneur, this contract does not belong to the sole proprietor’s scope of business and is not of a professional nature from the sole proprietor perspective. For example, it is indicated that it will not be of a professional nature to acquire a printer by an entrepreneur conducting a dental practice.
That means – for companies that conclude sales contracts or contracts for the provision of services, also with sole proprietorships – the necessity to verify whether these contracts are always “professional” for these sole proprietorships, and if not – the need to properly adapt the provisions of the used contract templates and general terms and conditions, regulations, orders, etc. to the changed regulations, as well as the need to fulfill further obligations towards contractors, such as the information obligation regarding the right to withdraw from a distance (remote) contract.
If the topic would be of interest to you, in particular in your business you conclude sales or service contracts with sole proprietorships, we remain at your disposal.
ABC Legal Team