The “Act on Electronic Commercial and Cooperative Registers as well as the Company Register” (EHUG) has been in force since January 1, 2007.
Among other things, this law amends the provisions of § 37a HGB, § 125a HGB, § 25 GenG, and § 35a GmbHG. The EHUG now mandates that all German entrepreneurs and companies (merchants, trading firms, and corporations) must include the mandatory information, which they previously only had to provide on printed business letters, in business emails and faxes as well. Sole proprietors, general partnerships, limited partnerships, limited liability companies, and stock corporations registered in the commercial register must therefore now provide the legally required mandatory information in all business correspondence with a business context.
However, the terms “business email” or “business fax” have not been defined by the law. Nevertheless, this term is to be interpreted very broadly. It therefore includes, among others, all offer letters, inquiry confirmations, orders, receipts, invoices, delivery notes, contract texts, and order confirmations.
