MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Anyone selling online training courses to consumers must properly arrange four things: the statutory 14-day right of withdrawal, a smart method for releasing content in stages, copyright protection of the course material, and fair certificates. If you overlook the right of withdrawal, a participant can cancel the training after they have already viewed everything. Below, you will find the most important legal considerations.
Right of withdrawal and cancellation for online training courses
If a consumer purchases something remotely — online or by telephone — a right of withdrawal (also known as the right of return or right of dissolution) applies in principle. This applies not only to products but also to an online course or training: the consumer may cancel within 14 days of concluding the agreement without giving a reason.
That cooling-off period is a minimum; you may apply a longer period (for example, 30 days). Important:
- Clearly communicate the right of withdrawal in your general terms and conditions and on your website;
- offer a model withdrawal form that allows the consumer to easily cancel;
- If you do not inform yourself properly about the right of withdrawal, the cooling-off period can be significantly extended.
There is an exception for digital content: the right of withdrawal may lapse if the consumer expressly agrees to immediate access prior to delivery and acknowledges thereby losing their right of withdrawal. Without that explicit consent and confirmation, the right of withdrawal continues to apply.
Release the training step by step
If a participant pays for the training, you are not required to make the entire content available immediately. If you were to do so, someone could download everything and subsequently revoke their consent. It is permitted to release the modules step by step as the training progresses. This not only limits the risk of misuse but also increases engagement and allows you to track progress.
Protect your content with copyright
Think carefully about the protection of your teaching materials. Two sides:
- Use only material for which you hold the rights: develop texts and images yourself or obtain permission/a license.
- Protect your own content: stipulate in the terms and conditions that copying or sharing without permission is not allowed, so that you can take action in the event of infringement.
Be honest with certificates
You may provide participants with a certificate afterwards; it is not mandatory, but it increases the value of the training. Please ensure that certificates honest and not misleading :
- You may certify that someone has participated in the training;
- You may only certify that someone has mastered after a test has been administered;
- You must not give the impression that this is an official, recognized diploma.
Frequently asked questions about online training
Do I always have to grant a 14-day right of withdrawal?
In principle, yes, for sales to consumers. For digital content, the right of withdrawal may lapse if the consumer expressly consents to direct access in advance and waives their right of withdrawal. For sales to businesses (B2B), the statutory right of withdrawal does not apply.
What if someone resells my course material?
This generally constitutes an infringement of your copyright and your terms and conditions. You can demand that the infringer cease, claim damages, and take further action in serious cases. A clear prohibition clause in your terms and conditions strengthens your position.
May I call my training “accredited” or “recognized”?
Only if that is actually the case. Terms such as “recognized” or “accredited” create the impression of an official status; if you use them incorrectly, it can be misleading and therefore unlawful. So be precise in your wording.
Help with the legal aspects of online training
The legal experts at MKB Juristen draft watertight general terms and conditions for online training courses, advise on the right of withdrawal, and assist with protecting your content and preparing correct certificates. Schedule a no-obligation consultation and give your training courses a solid legal foundation.
