As a provider of digital educational offerings, you should consider in advance how to design your online course and what consequences this has for the legal framework, which you must observe regarding possible admission requirements and the contractual design of online coaching courses before marketing them.
The effectiveness of online coaching can significantly depend on whether digital educational offerings are considered distance learning according to Fernunterrichtsschutzgesetzes (FernUSG) is applicable. If this is the case, the online courses must be registered with the State Central Agency for Distance Learning (ZFU) to be approved. Distance learning contracts without approval by the ZFU are considered Federal Court of Justice decision of June 12, 2025 – III ZR 109/24 – with the consequence that it is void, meaning that The course provider's claim to payment under the coaching contract becomes void, and participation fees already paid by course participants can be reclaimed. Furthermore, offering online coaching courses that require approval without ZFU approval is anti-competitive and carries risks. Demand risks.
What is distance learning?
distance learning within the meaning of the FernUSG is the Contractually based, compensated brokerage of knowledge and skills, in which the participants exclusively or are predominantly spatially separated and the provider or their authorized representative monitor learning success.
Criteria for qualifying an online course as distance learning
When designing their digital educational offerings, they should consider the following criteria:
Predominant spatial separation
A spatial separation according to FernUSG is given if the asynchronous parts of knowledge transfer, i.e., the parts of the course that the course participant can view at a later time, predominate. This is the case, for example, if the online instruction does not take place live, but course participants can access the offered instructional videos, homework assignments, and recorded online meetings at any time. Ultimately, what matters is whether the knowledge transfer takes place asynchronously or if a bidirectional synchronous communication takes place, which functionally corresponds to in-person instruction (Federal Court of Justice, Judgment of February 5, 2026 – III ZR 137/25).
Knowledge transfer vs. personal consultation
In distance learning, knowledge transfer must be the priority. It is therefore not distance learning according to the FerUSG if the online coaching involves individual advice, for example, regarding business or personal optimization. If a coaching/mentoring program is advertised with the transfer of "knowledge" and/or "know-how," it is considered knowledge transfer according to the FerUSG. Additional offers of a digital educational program, such as: Online one-on-one sessions with a personal coach to resolve personal blockages do not change the qualification of the online coaching course as distance learning, provided that the additional individual support is not the primary focus.
Monitoring learning progress
Monitoring of learning success is already in place if participants can ask individual questions about learning content and a learning progress check is possible. The offer of a single learning progress check provided for in the coaching contract is already sufficient. Learning progress checks can lie in the possibility of to ask questions about the knowledge conveyed, both in online meetings and via email or in a Facebook group. Another indicator of learning success control is the assignment of homework, which must be completed by the course participants. Furthermore, for the application of the FernUSG, it is irrelevant whether the learning success monitoring provided for in the contract actually takes place, as long as such monitoring is contractually stipulated.
Does the Remote Ultrasound examination also apply to B2B contracts?
The Federal Court of Justice (BGH) has ruled that the remote ultrasound examination (FernUSG) applies not only to consumer contracts but also to online coaching contracts with entrepreneurs.Judgment of June 12, 2025 – III ZR 109/24justifies this by stating that the legislator did not provide for such a restriction on consumer contracts in the wording of the law and that the protective concept of the FernUSG is intended to protect all potential participants - including commercial ones - from unsuitable distance learning courses.
Concrete recommendation for providers
For providers of digital educational offerings, such as online coaching and There is an urgent need for action for mentoring programs that have not yet applied for and received approval from the ZFU. First, the applicability of the FernUSG should be checked based on the above criteria, and the offering should be adjusted accordingly.
If you wish to avoid the application of remote ultrasound for your digital education offering,
Should you focus on synchronous live instruction and individual, personal consulting when designing your online courses, or should you omit a review of the knowledge imparted? This requires a clear contractual and in-depth design of the coaching contracts.
Further legal questions regarding distance learning contracts
Besides addressing the far ultrasound, the Contract law classification of online coaching as a service contract or work contract Starting point for all further legal questions and has immediate implications for warranty rights, termination options, and liability in the event of contract non-performance. This requires careful contractual design of online coaching agreements.
Furthermore, digital educational offerings, to the extent they are distributed online, are subject to the general rules of E-Commerce. Online coaching providers should, in contracts with
Consumers, in particular, must use legally sound terms and conditions and fulfill the applicable information obligations.
and observe the right of withdrawal according to distance selling law.
When marketing online coaching services, one should always also consider whether used trademarks such as brands and domain names or copyrighted works are used that conflict with existing intellectual property rights. At the same time, they should bear the designation of their Coaching Offersarchaeological law have protected.
Distance learning contracts in consulting at AVANTCORE
At our Stuttgart law firm AVANTCORE Rechtsanwälte, we offer Comprehensive advice for you through several Experienced and specialized lawyers and certified lawyers in all matters of online coaching.
We are happy to help you review, classify, and [missing word] the content and legal aspects of your educational offerings. if applicable Revise online coaching contract and make programmatic adjustments to minimize your legal risks. Gladly We support you with the approval of your course offerings by the ZFU. In addition, we are happy to assist you with the legally compliant design of your online offerings and advise you on the registration of your trademarks.
Our Law Firm AVANTCORE RECHTSANWÄLTE in Stuttgart possesses extensive expertise in classifying courses of study according to the Distance Learning Protection Act, as well as in the strategic and contractual design of your coaching services. We would be happy to be your competent point of contact.
EN 
DE