How do I register with the ZFU? – Overview of the requirements under the FernUSG

I. Distance learning in the digital age – legal relevance and practical significance

With the triumph of digital learning formats and coaching services, the Distance Learning Protection Act (FernUSG) is increasingly becoming the focus of providers and consumers. In the field of online coaching and e-learning in particular, the distinction between mere knowledge transfer and formal distance learning has significant legal implications. This is because only if an offering is classified as distance learning within the meaning of the FernUSG do the strict formal requirements of the law apply – with far-reaching consequences for contract drafting, licensing requirements, and consumer protection.

II. What is distance learning? – Definition and distinction

The FernUSG defines distance learning in Section 1 (1) as "the transfer of knowledge and skills on a contractual basis, in which the teacher and the learner are exclusively or predominantly separated in terms of location and the teacher or his representative is responsible for monitoring the learning progress." Three core elements are therefore decisive:

1. Contractual basis: There must be a contract between the provider and the participant in return for payment.
2. Physical separation: The teaching takes place predominantly without the simultaneous physical presence of the participants.
3. Monitoring of learning success: The provider or a representative must monitor learning success, for example through assignments, exams, or feedback.

Offers that are purely informational, do not establish a contractual relationship, or do not monitor learning success (e. g., pure self-study courses without supervision) are not covered by the FernUSG.

III. Formal requirements for distance learning contracts under the FernUSG

The formal requirements for an effective distance learning contract are regulated in Section 3 FernUSG and are specified in more detail by the Central Office for Distance Learning (ZFU). The most important requirements are summarized below:

1. Text form of the contract (Section 3 (1) FernUSG)

The distance learning contract must be concluded in text form.

2. Mandatory information in the contract (Section 3 (2) FernUSG)

The contract must contain the following minimum information:

• Name and address of the provider
• Description and objective of the distance learning course
• Details of the teaching materials and their delivery
• Amount and due date of payment
• Provisions regarding termination and the right of withdrawal
• Reference to the requirement for approval by the ZFU (if necessary)
• the type and validity of the course certificate
• Location, duration, and frequency of accompanying lessons
• Information on the agreed intervals for the delivery of distance learning materials
• if the distance learning contract includes preparation for a public or other external examination, information on admission requirements.

3. Right of withdrawal and cancellation policy (§ 4 FernUSG)

Participants have a statutory right of withdrawal. The withdrawal policy must be clear, understandable, and in writing. The withdrawal period is 14 days from the conclusion of the contract, but is extended if the policy is missing or incorrect.

4. Approval requirement by the ZFU (§ 12 FernUSG)

Distance learning courses offered on the German market generally require approval by the ZFU. The contract must contain a reference to the approval granted. Without approval, the contract is void.

5. Further protective provisions

The FernUSG contains further consumer protection provisions, for example on the right of termination (Section 6 FernUSG), the obligation to repay upon termination of the contract (Section 7 FernUSG), and the invalidity of deviating agreements (Section 8 FernUSG).

IV. ZFU notes on contract drafting

The ZFU provides extensive information and sample contracts on its website. It emphasizes in particular:

• The participant must be provided with complete and transparent information before the contract is concluded.
• The clear separation of advertising material and contract documents.
• The necessity of making all contract components (including the General Terms and Conditions) available to the participant in advance.
• Compliance with the written form and correct cancellation policy as key requirements for validity.

V. Legal consequences of violations

Contracts that do not meet the formal requirements of the FernUSG are void pursuant to Section 7 FernUSG. This applies in particular to contracts without ZFU approval or without proper cancellation policy. Providers also risk regulatory measures and warnings under competition law.

VI. Conclusion: Care and transparency are key to legal certainty

Compliance with the formal requirements of the FernUSG is essential for providers of distance learning and coaching services. This is the only way to avoid legal risks, reversals, and damage to your image. Providers should regularly review their contract documents and adapt them to the current requirements of the ZFU and case law. For consumers, the FernUSG offers effective protection against dubious offers and ensures transparency and fairness in the booming digital learning market.