Historical relic stifles digital education
The Distance Learning Protection Act (FernUSG) dates back to 1977, an era when it primarily regulated postal correspondence courses involving printed letters. In today's world of online courses, webinars, and digital learning management systems, the law acts as a brake on industry innovation. In particular, the mandatory state licensing for distance learning courses by the State Central Office for Distance Learning (ZFU) represents a significant bureaucratic hurdle for many providers.
In a guest post on the Digistore24 blog, attorney Dr. Thomas Schwenke analyzes the situation, noting that pressure on policymakers is mounting significantly. The momentum was triggered by several rulings from the Federal Court of Justice (BGH), most recently in June 2025. This case law has vastly expanded the applicability of the FernUSG. Currently, almost every digital educational offering that includes a learning progress check falls under the law. Without ZFU licensing, contracts are void, and customers are already demanding refunds for fees previously paid.
National Regulatory Control Council recommends complete abolition
The National Regulatory Control Council (NKR) has emerged as the most influential voice among critics. The independent advisory body to the Federal Government published a position paper advocating for the total abolition of the FernUSG. For the first time in its history, the NKR is calling for the complete repeal of an entire law without replacement.
The Distance Learning Protection Act should be abolished promptly, and the pedagogical review by the ZFU should be continued on a voluntary basis.
The NKR's reasoning supports the industry's concerns. The outdated law generates immense bureaucratic effort, while general civil law (BGB) already provides sufficient consumer protection. The additional layer of the FernUSG merely creates legal uncertainty for Merchant models within the education sector.
Associations warn of existential threats to smaller providers
Alongside state advisors, economic interest groups are sounding the alarm. The Association of Founders and Self-Employed Germany (VGSD) and the Federal Working Group of Self-Employed Associations (BAGSV) support the call for abolition. In a joint position paper from March 2026, the BAGSV criticized the fact that licensing authorities are overwhelmed. Furthermore, the regulation places a disproportionate burden on smaller providers.
For Performance Marketing, this situation implies an increased risk when promoting coaching and continuing education products. As long as no reform occurs, many Advertisers are operating in a legal gray area. Consequently, the BAGSV is calling for transitional regulations as an immediate measure. These are intended to protect providers from retroactive claims and preserve the protection of legitimate expectations for existing contracts. The Federal Ministry of Education must now decide whether to heed the call for deregulation.
This regulatory shift will determine whether the German digital education market can finally align with international standards of agility and innovation.
Affilitizer Editorial Team
This article was created with AI assistance and editorially reviewed.
