Especially for 9-13 year olds, the Internet is gaining in importance with all its services. Children and young people at this age use the Internet not only for inquiry and communication, but also to consume products online. It can happen very quickly that contracts are concluded on the Internet, which can be expensive for the parents. But how can a contract be concluded at this age? And above all: Is this concluded contract valid if the person who has completed it is under 18 years of age?
Contracts and advertising are interrelated. A contract for a product cannot be concluded if the young consumers have not previously been made aware of a product and their parents have not consented to it. The Internet offers many opportunities to "lure" young users just to sell something exciting to them. The necessary tools, which are often advertised in the Internet, are called banners and buttons.
If you e.g. click on an embedded banner, you can get to a page that has nothing to do with the original. Especially children then quickly try to get out of these unwanted pages and without knowing it, they enter into a contract (mutual agreement) with one click, even if they have not signed it.
For free offers, e.g. free apps, one should be particularly suspicious and make sure to carefully read the fine print of the terms and conditions. Even if it seems troublesome, it can protect you against possible rip-off. What is written in the general terms and conditions applies. The children's and young people's notes on the costs involved are generally not considered, so that they can be charged for the continued use of the "free" apps or their extra functions, for example in the form of a subscription, viz. with the regular debiting of a certain amount. In this case one speaks of a subscription trap.
For this reason, the crucial role of parents is to educate their children about the risks. Therefore, it is important that parents accompany their children in their first steps on the net and encourage them to get help once more than to "get lost" on the net and in the worst case even inadvertently conclude a contract.
Costs of a similar nature are threatening everywhere, such as when downloading ringtones, games, logos, or entering a virtual club membership. This is followed by paid debts, which at the very first moment are entitled and which are difficult to escape. Be sure to lodge a written objection within the legally prescribed period with the reference to the minority of your child in order to avoid such costly connections. You can also obtain information from a consumer center in your area.
1. Is a contract on the Internet valid without a signature?
A contract can be concluded electronically (without signature) on the Internet. Minors usually require the consent or approval of their legal representatives (guardians, usually the parents) to conclude an effective contract. If a supposed contract on the Internet has been concluded by minors, the education authorities should inform the provider that the contract is ineffective and not approved. Such sample letters for alleged contracts are offered by, for example, consumer centers. Moreover, there is the possibility, in the case of "subjugated" contracts, in addition to the two-week right of revocation, to declare contestation from the point of malicious deception.
2. What are the hidden traps of unintentional contracts on the Internet?
Some contracts involve cost traps. Before signing or accepting such contracts, the terms of the contract must be thoroughly read, especially if they contain free offers or when they request data (e.g., name and address).
3. The top 10 recommendations for parents
- Talk to your child about costs on the Internet
- Beware of so-called "free" or "free" apps
- Compare different app offers to each other
- Explain to your child the function and purpose of integrated advertising banners
- Read the "small print" together with your child in an advertisement or contract
- Read the terms and conditions with your child
- Tell your child why it should never give out personal data
- Always provide as much evidence as possible with your child
- Respond immediately and in writing to an unjustified financial claim
- Inform yourself on the Internet or at a consumer center
4. Are there categories or certain web pages that do not include contract traps for children?
Finding good websites or even apps is not always easy. It may be helpful to search for keywords like "Safe Children's Web Pages" or "Safe Apps for Children" using a search engine. In Germany there is the website jugendschutz.net offered and promoted by the website from the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth: www.klick-tipps.net (DE), which lists the 100 top children's pages (sorted by category). Looking for suitable apps that do not require advertising and in-app purchases, www.bestappsforkids.com can be helpful for you.
However, you will not be held responsible. It is always a good idea to discover the Internet together with your children and to look at which websites they want to visit or which games they want to play. Take your time and accompany your child. If you have a good feeling about what your child is doing, you can be more relaxed.