- The BGH ruling on the Distance Learning Protection Act is significant for civil and tax law.
- The decision may impact the VAT treatment of educational services.
- A broad interpretation of “knowledge” and “skills” under the Distance Learning Protection Act is required.
- No minimum quality is necessary for these terms.
- Predominantly asynchronous teaching qualifies as spatial separation.
- Recorded online meetings viewed later are considered asynchronous teaching.
- A broad interpretation of monitoring learning success is needed.
- A single learning check, such as oral questions, can be sufficient.
- The learning check does not need to occur if contractually agreed.
- The Distance Learning Protection Act applies to contracts with consumers and businesses.
Source: datenbank.nwb.de
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
