Many online coaching programmes qualify as distance learning and require state approval – even in B2B relationships.
Legal framework
- § 1 FernUSG: paid teaching, predominantly at a distance, with learning success control
- § 12 FernUSG: approval by the ZFU; § 7: contracts for unapproved courses are void
Case law
- BGH, 12 June 2025, III ZR 109/24 – the FernUSG also applies between businesses; online coaching with videos, sessions and tasks requires approval
Case examples
Mentoring programme
A “business mentoring” with videos, weekly calls and homework is sold without ZFU approval. The contracts are void, refunds may be claimed.
Income promises
A course promises “EUR 10,000 per month in 90 days”. Without proof this is misleading.
