This is how you conclude an agreement via a registration form

An agreement concluded via a registration form on your website can be fully legally valid — provided it is clear to the user what they are entering into and you correctly declare the general terms and conditions applicable. The form concludes the agreement as soon as the user completes and submits it. However, ambiguity regarding a payment obligation, the terms and conditions, or privacy can be costly for you. Below, you can read how to handle this properly.

How is an agreement formed?

An agreement is formed through offer and acceptance, and this can be done in many ways: via a signed contract, by letter, verbally in a showroom or by telephone, by email, or online via a registration form. An online form makes the process faster and easier for both parties, but it is important that the agreement is concluded correctly.

An agreement via a registration form: what to look out for?

An agreement via a registration form can be 100% valid. The agreement is concluded as soon as the user completes and submits the form. In this regard, it is important that:

• is clear exactly what is being agreed upon;
• the user realizes that an agreement is being formed, especially if a payment obligation is attached to it — inform them about this explicitly;
• also other key points are clear, such as the duration of the agreement and the obligations of the parties.

If you process personal data during the creation process, you must inform about that processing and, where necessary, request consent — for example, if you share data with third parties. A good privacy statement is indispensable in this regard.

Declare the general terms and conditions correctly applicable

If you want your general terms and conditions to apply, you must correctly declare them applicable. Do this as follows:

• Place a clear, clickable reference (hyperlink) to the terms and conditions next to the form;
• has the user declare before sending that he has read and accepted the terms and conditions;
• ensure that the user can not only read the terms and conditions, but also download, print, and save them;
• If you work with a checkbox, it must not be checked by default — the user must perform an active action.

How do you prove that the agreement was validly concluded?

A valid agreement is one thing; proving that it was concluded is just as important. Possibilities:

• save a copy of the completed form with the user's data, a date stamp, and timestamp (for example, automatically in a digital logbook);
• send the user a copy of the form and the general terms and conditions by email;
• The actual execution and compliance with the agreement may also constitute evidence.

Pay attention to consumer law

If you enter into agreements with consumers via a registration form, additional rules apply. For example, consumers have a right of withdrawal, with specific information obligations. Furthermore, for an online order with a payment obligation, the order button must unambiguously indicate that payment is mandatory. TODO_VERIFY: the exact consumer law information and button requirements are detailed — have your form checked against these.

Frequently Asked Questions

Is an agreement via an online form legally valid?

Yes, provided it is clear what is being agreed upon, the user actively agrees, and you are explicitly informed of this (in the case of a payment obligation).

How do I make my general terms and conditions applicable to an online agreement?

Refer with a clear link, have the user actively agree before sending (no pre-checked box), and ensure that the terms and conditions can be downloaded and saved.

Should I send the user a copy?

This is highly recommended for your evidentiary position. Send a copy of the form and the general terms and conditions by email, and keep a logged version with the date and time.

Are there additional rules for consumers?

Yes, including the right of withdrawal and specific information and button requirements for payment obligations. Have your process reviewed against this.

Making a registration form legally watertight?

A registration form is a convenient way to conclude agreements, but there are necessary points to consider — from terms and conditions and privacy to consumer law. Therefore, ensure your form and documents are properly structured.

Our contract law draft the necessary general terms and conditions and privacy documents for you. Schedule a no-obligation intake consultation.