The authorisation requirement for distance learning courses in Section 12 FernUSG – outdated and unconstitutional
The Distance Learning Protection Act (FernUSG) dates back to 1977 - and was originally intended to regulate distance learning courses where communication was conducted in analogue form by post. Today, the law is still highly relevant for providers of digital training or coaching. In two recent decisions (BGH of 12 June 2025 - III ZR 109/24 and BGH of 2 October 2025 - III ZR 173/24), the Federal Court of Justice confirmed a broad interpretation of the scope of application of the FernUSG. The FerUSG already applies if providers use keywords such as "graduate" or "course" in the course description. Furthermore, entrepreneur contracts are also covered in principle.