FernUSG: Germany’s distance
learning act explained
The Fernunterrichtsschutzgesetz governs contracts for distance courses, requires state approval and makes contracts without approval void.
The German Distance Learning Act at a glance
As of 15.09.2026. Six points worth knowing before you book a distance course or an online coaching programme.
- The name: The official title is Act on the Protection of Participants in Distance Learning, in German Fernunterrichtsschutzgesetz or FernUSG, often simply called Fernunterrichtsgesetz. It dates from 1976 and has been in force since 1977.
- The scope: Distance learning exists where four criteria come together: a paid contract, the teaching of knowledge and skills, predominant separation in space and monitoring of learning progress (section 1(1)).
- The approval: Distance courses need approval from the state central office for distance learning (ZFU) under section 12. Without it, the contract is void under section 7(1).
- The contract: Protective rules apply that the provider cannot vary to your detriment, such as text form, payment in instalments without advance payment and a separate right of termination.
- The case law: The act also applies to businesses (Federal Court of Justice, 12.06.2025). Whether an online coaching programme is distance learning depends on the content of the contract in the individual case.
- The reform: A ministerial draft bill with a working status of 17.08.2026, published on 27.08.2026, provides for repealing the act. Nothing has been passed, and until a change the FernUSG applies.
When is a course distance learning? The four criteria in section 1 FernUSG
What matters is not what the offer is called but what the contract promises. That is precisely where many providers come unstuck.
There is a contract, and it costs money
The act covers teaching that is based on a contract and paid for. Unpaid courses generally fall outside it. For the question of whether the act applies, the payment method makes no difference.
Knowledge and skills are taught
The core of the offer has to be teaching. This is where many coaching cases are decided: according to the Federal Court of Justice, it matters whether the focus lies on teaching knowledge and skills or on individual, personal advice and support (judgment of 15.01.2026, III ZR 80/25). A programme built from learning modules, videos and assignments points towards teaching, pure one-to-one advice rather away from it.
You are predominantly separated in space
Teaching takes place wholly or mainly at a distance. Since the judgment of 05.02.2026 (III ZR 137/25), however, not every distance counts: live teaching in which you can talk to the teacher in real time, as in a classroom, is not treated as separation in space. Learning videos, scripts and recordings that the contract lets you access later, on the other hand, count as time-shifted teaching. What matters is which share predominates under the contract, and courts assess that case by case.
Your learning progress is monitored
This is the most disputed criterion, and the threshold is lower than expected. No exam is needed. According to the Federal Court of Justice, a contractual right to ask questions about your own understanding of the material is already enough. The next section explains what exactly qualifies.
Where all four apply, it is distance learning within the meaning of the act, regardless of whether the offer is sold as coaching, mentoring, a masterclass or an academy. The label in the contract changes nothing, the agreed content is what counts.
Learning control under the FernUSG: what the courts accept
The answer comes from case law, and the courts read this criterion broadly.
According to the Federal Court of Justice, learning control within the meaning of section 1(1) no. 2 FernUSG exists as soon as the contract entitles you to an individual check of your learning progress. A contractual right to ask questions about your own understanding of the material is enough. It lets you check for yourself whether you have grasped the content correctly and can apply it (judgment of 12.06.2025, III ZR 109/24).
Three points from the rulings keep the threshold low:
- A single check is sufficient. No exam or regular tests are needed.
- The provider does not have to ask test questions. It is enough that you may ask (judgments of 02.10.2025, III ZR 173/24, and 05.02.2026, III ZR 137/25).
- The contract counts, not practice. Whether the agreed check actually takes place is irrelevant.
What typically points towards it and what against
| Points towards learning control | Points against it |
|---|---|
| Right to ask questions on the material in online meetings, by email or in a community group | Pure video course without any contractual right to ask questions |
| Q&A round in coaching calls, email support on the modules | Questions only serve personal advice, for example on your own business, not the learning material |
| Homework or submitted assignments that get marked | Mere delivery of learning material without any guidance |
The table is no substitute for an assessment. Whether a right to ask questions was agreed is interpreted by courts from the programme description and the contract documents. In a dispute you usually have to prove the criteria, because according to the Federal Court of Justice that burden lies with whoever relies on the FernUSG (III ZR 137/25). If the contract describes the format only vaguely, however, the provider may have to explain in more detail what was agreed (a so-called secondary burden of presentation, default judgment of 12.02.2026, III ZR 73/25). So keep the programme description, the list of services and the sales material.
FernUSG contract: form, required information, payment and termination
Sections 2 to 10 FernUSG set out what a distance learning contract may and may not contain. The contract cannot deviate from sections 2 to 9 to your detriment (section 10).
| Rule | Provision | What it means for you |
|---|---|---|
| Form | s. 3(1) | Your declaration to conclude the contract must be in text form, meaning a legible declaration on a durable medium. |
| Required information | s. 3(2) and (3) | The provider must as a rule inform you in particular about the type and validity of the qualification, the place, duration and frequency of accompanying classes, the delivery intervals of the material and, for exam preparation, the admission requirements. |
| Payment | s. 2(2) and (3) | Payment is made in instalments covering no more than three months each, and no instalment may exceed the pro rata price. Apart from narrow exceptions, advance payments may neither be agreed nor demanded. |
| Extra charges | s. 2(4) | No enrolment fees, commissions or reimbursement of expenses are allowed on top of the fee. |
| Ineffective clauses | s. 2(5) | Contractual penalties, lump-sum damages and excluding your claims for damages are ineffective. |
| Withdrawal | s. 4 | Section 4 grants a right of withdrawal under section 355 of the German Civil Code for contracts that are not already covered by the consumer right of withdrawal in the Civil Code, for example when you sign on the provider’s business premises. For contracts concluded online or by phone, you generally have a right of withdrawal as a consumer anyway under section 312g of the Civil Code. The period is 14 days. The Federal Court of Justice treats section 4 as a rule for contracts with consumers (III ZR 109/24). Whether freelancers can rely on a right of withdrawal for contracts concluded online is not conclusively settled. |
| Termination | s. 5 | Without giving reasons, first at the end of the first six months with six weeks’ notice, thereafter at any time with three months’ notice, in text form. You only pay the share that corresponds to the value of the services provided up to then. |
| Approval lapses | s. 7(2) | If the approval expires, is revoked or withdrawn after the contract was concluded, you can terminate without notice, within two weeks of being informed by the provider. |
| Circumvention | s. 8, s. 10 | The rules also apply to contracts meant to achieve the same purpose in another form. The contract cannot deviate from sections 2 to 9 to your detriment. |
| Place of jurisdiction | s. 26 | Disputes arising from the contract belong exclusively before the court of your general place of jurisdiction. Different agreements are only permitted in narrow exceptions. |
The separate right of termination is the rule with the biggest everyday effect, because the contract cannot take it away. Clauses fixing a minimum term across the full course duration, or tying termination to conditions, frequently do not hold. So anyone who believes they are locked into a two-year contract may well not be.
How to withdraw correctly and when the period only starts later is covered in the right of withdrawal in distance learning. How to get out of a running contract is explained in cancelling a distance degree. The statutory text is available in German at Gesetze im Internet.
Approval under section 12 FernUSG: who needs it and how to check it
Approval decides whether a distance learning contract is valid at all.
Under section 12(1) FernUSG, distance courses require approval. The same applies to material changes to an approved course. The competent body is the state central office for distance learning (ZFU) in Cologne. It reviews the application and course material from a didactic, methodological and consumer law perspective and has the course assessed by subject experts. If it does not decide within three months, approval is deemed granted (section 12a(2)).
Exception: courses for leisure and entertainment
Courses that by content and purpose serve exclusively leisure or entertainment need no approval. Their distribution does, however, have to be notified to the authority (section 12(1) sentences 3 and 4). For a programme meant to advance you professionally or in business, this exception is a long way off. The Federal Court of Justice rejected it for an online programme on building an e-commerce business (III ZR 173/24).
How to check a ZFU approval
- Look for the approval number. The ZFU approval mark may only be shown together with the approval number. It typically appears on the course page, in the information material or in the contract.
- Look it up in the course search. The ZFU course search (in German) lists approved distance courses and distance degree programmes.
- Match number and offer. Does the description fit what you are booking? When a material change is approved, the ZFU issues a new number and the previous approval generally lapses.
Approval is granted without a time limit, but a review takes place every three years. Anyone who distributes a course that requires approval without having it commits an administrative offence. The fine can be up to 10,000 euros (section 21 FernUSG).
Void without approval: what section 7 FernUSG means in practice
This is the sharpest consequence the act provides, and it applies regardless of the small print.
Distance courses falling under the FernUSG require approval from the ZFU. Without it the contract is void under section 7(1) FernUSG. Void means it never took effect. The provider cannot claim any fee under it, and amounts already paid can as a rule be reclaimed under the law of unjust enrichment (section 812 of the Civil Code), even where the course has long been running or has been completed.
Repayment and compensation for value
The sum is not always that simple. The provider can claim compensation for the value of its services and deduct it from the repayment claim (section 818(2) of the Civil Code). This requires that without this contract you would have paid another, approved provider. It is then measured by the usual fee and capped at the agreed price. The provider has to set this out and prove it. In the case decided on 12.06.2025 it failed to do so (III ZR 109/24). That is no guarantee that the next case will end the same way.
Limitation period
Repayment claims are generally subject to the standard limitation period of three years (section 195 of the Civil Code). It starts at the end of the year in which the claim arose and you became aware of the relevant circumstances or would have become aware without gross negligence. Regardless of awareness, a maximum period of ten years from when the claim arose applies (section 199 of the Civil Code). When that awareness exists in a given case is a legal question you should not answer on your own.
Not just for consumers
The act applies beyond consumers, to freelancers and companies as well (III ZR 109/24). This mainly affects high-priced business coaching and mentoring programmes. The court did not share doubts about constitutionality either: in its view there are good reasons to consider the approval requirement and the voidness rule compatible with the Basic Law (judgment of 05.02.2026, III ZR 74/25).
What I do not conclude from this: that every coaching contract is void. Since 2026 the Federal Court of Justice has sent several cases back to the lower courts, some on appeal by participants and some on appeal by providers, because focus, format, contract content or possible compensation for value still had to be clarified. For a specific contract, the assessment belongs with a consumer advice centre or a lawyer.
Federal Court of Justice rulings on the FernUSG at a glance
Since 2025 the Third Civil Senate of the Federal Court of Justice (BGH) has decided several fundamental questions on the FernUSG. The case numbers link to the full German text on the court’s website.
| Date | Case number | Key point |
|---|---|---|
| 12.06.2025 | III ZR 109/24 | The FernUSG also applies to businesses. Separation in space exists at least where time-shifted parts predominate, and recorded online meetings count as such. A contractual right to ask questions on the material is sufficient learning control. The provider has to set out compensation for value. |
| 02.10.2025 | III ZR 173/24 | Contract for an online programme without approval void, the provider receives no fee. The provider does not need to ask test questions, a right to ask is enough. The leisure exception does not apply. |
| 15.01.2026 | III ZR 80/25 | Whether coaching or mentoring falls under the FernUSG cannot be answered in the abstract. It may depend on whether teaching or personal advice is the focus. In the case decided: teaching, contracts void. |
| 05.02.2026 | III ZR 137/25 | Set aside on the participant’s appeal and remitted. Live teaching with direct real-time exchange does not count as separation in space. The content of the contract counts, not how it was actually carried out. A contractual right to ask questions about your own understanding of the material is sufficient learning control, no additional check by the teacher is needed. Whoever relies on the FernUSG has to prove its criteria. |
| 05.02.2026 | III ZR 74/25 | Set aside on the participant’s appeal and remitted. No referral to the Federal Constitutional Court: good reasons suggest that the approval requirement (s. 12) and voidness (s. 7(1)) are constitutional. Still to be clarified is whether the provider can claim compensation for value. |
| 12.02.2026 | III ZR 73/25 | Default judgment on the participant’s appeal, set aside and remitted: type, content and focus of the contract have to be clarified. Where the format is described vaguely, the provider may bear a secondary burden of presentation. |
| 07.05.2026 | III ZR 142/25 | Right to ask questions confirmed as learning control. Contact running over the internet is not enough on its own for separation in space. Set aside on the provider’s appeal and remitted to weigh live and time-shifted parts. |
Short summaries of the reasons for judgment, not exhaustive. As of 15.09.2026.
Distance degree at a university vs. distance course or coaching
A distance degree programme is not the same as a distance course, and neither is the same as coaching. The difference decides which rules apply to you.
| Criterion | Degree at a university | Distance course | Coaching or mentoring |
|---|---|---|---|
| Qualification | Academic degree such as a bachelor’s or master’s | Course certificate from the provider or preparation for an external exam | Usually no qualification |
| Oversight | State recognition of the university and accreditation, sometimes ZFU approval as well | ZFU approval under section 12 FernUSG | No oversight of its own, ZFU approval needed if it is distance learning |
| Contract | State university: enrolment under public law. Private university: study contract under private law | Distance learning contract with the protective rules of sections 2 to 10 | Service contract, FernUSG only if teaching is the focus and the other criteria are met |
| What to check | Recognition, accreditation, with private providers the ZFU number | Approval number and course search | Service description: modules, recordings, live share, right to ask questions |
Degree programmes at universities
At a state university you enrol under public law. The FernUSG, by contrast, is tied to a contract, which is why the ZFU question generally does not arise there. Private, state-recognised distance universities are different: they conclude study contracts under private law, the ZFU also approves distance degree programmes, and some private distance universities state that their entire range of programmes holds ZFU approval. Your rights there follow from the study contract, the examination regulations, general contract law and, where the contract falls under it, the FernUSG. For the value of the degree, recognition and accreditation are what count, see recognition of distance degrees and accreditation of degree programmes.
Distance courses and certificate programmes
Non-academic distance courses, for example as preparation for an exam under public law or as professional development, are the classic case the act was written for. Here the approval number is the first thing to check. Which part-time study routes pay off is covered under continuing education.
Coaching and mentoring
Whether coaching falls under the act cannot be answered across the board, according to the Federal Court of Justice. It depends on the specific package agreed: if teaching knowledge is the focus, for example through learning videos, modules and assignments, it can be distance learning, provided the other criteria are met. If individual advice and support are the focus, rather not (III ZR 80/25). On top of that comes the question of whether time-shifted or live parts predominate.
Pure self-study products
A video course you buy and work through alone, with no feedback, no way to ask questions and no marking, does not meet the learning control criterion. As soon as the contract gives you a right to ask questions about the material, however, that criterion is already met according to the Federal Court of Justice. And that support is exactly what expensive programmes advertise.
Austria and Switzerland
The FernUSG is German law. Austria and Switzerland have no identical counterpart; there, general consumer protection law, distance selling rules and the law on unfair contract terms apply. Which law governs your contract depends on the provider's seat, your residence and the choice of law clause.
FernUSG repeal planned: what the draft bill provides
A draft is not a law. Until something changes, the FernUSG applies as described on this page.
The German Federal Education Ministry (BMBFSFJ) has presented a ministerial draft bill (Referentenentwurf) for an “Act to modernise distance learning and reduce bureaucracy”. The draft carries the working status 17.08.2026 and was published on the ministry’s page (in German) on 27.08.2026. A ministerial draft is a working draft from the ministry. To become law, the Cabinet would first have to adopt the draft, then the Bundestag would have to pass the act, with the Bundesrat involved. As of 15.09.2026 that has not happened.
In substance, the draft provides:
- Sections 1 to 26 FernUSG are deleted. This removes the approval and notification requirements, but also the contract rules such as the separate right of termination.
- This change is to enter into force on 01.07.2027.
- For a transitional period, a certificate from the competent authority issued on application replaces approval, where other rules require proof of approval. Approvals granted before 01.07.2027 remain valid until the act expires.
- The FernUSG expires completely at the end of 30.06.2028.
- Funding for distance courses under the Upgrading Training Assistance Act (AFBG) is reorganised.
As justification, the draft points to today’s consumer protection in the Civil Code, such as rights of withdrawal, information duties and the review of standard terms. It considers it consistent that the right of withdrawal for contracts concluded on business premises and the ordinary termination options will fall away.
The draft contains no specific rule for contracts concluded before these dates. How they would be assessed later I deliberately leave open here. For today: the FernUSG is applicable law, with the approval requirement, the voidness rule and the right of termination.
Six checks to make before you sign
The best moment for this check is before signing, not after the third instalment.
Look for the approval number
Approved courses carry a ZFU number. How to check it is explained in the section on approval. If you cannot find it, that is already half your answer.
Ask in writing
Email the provider about approval before you sign. Then you have the answer, or its absence, on record.
Read term, termination and payment
A minimum term covering the full course, an exclusion of termination or advance payment for the whole course is a warning sign. Such clauses often do not hold.
Save the service description
According to the Federal Court of Justice, what the contract promises counts: learning videos, recordings, live calls, a right to ask questions. Save the programme description and advertising claims as screenshots or PDFs.
Keep payment records
Where a contract is void, the issue is recovery. For that you need a complete record of everything you paid.
Take disputes to a lawyer
Classification in the individual case and recovery itself are legal advice. I can tell you when the route is worth taking, but it has to be run by someone qualified. A consumer advice centre can also be a first point of contact.
The information on this page is general in nature and based on my advisory practice (last updated 15.09.2026). It does not replace an official credit transfer or recognition decision by the respective university and is not legal advice. Specific decisions are made by universities, the ZAB (Germany), the BMBWF (Austria), or the SBFI (Switzerland). I clarify binding next steps with you in the initial consultation.
FAQ on the German Distance Learning Protection Act
Concise answers to the questions that come up most often in an initial consultation and in search.
What is the FernUSG?
The Fernunterrichtsschutzgesetz, often shortened to Fernunterrichtsgesetz, is a German consumer protection act from 1976, in force since 1977. It applies to distance learning, meaning the paid teaching of knowledge and skills under a contract, where teacher and learner are predominantly separated in space and learning progress is monitored. It requires state approval for distance courses and grants participants special rights of termination and withdrawal.
What happens if a distance course has no ZFU approval?
If a course falls under the FernUSG and has no approval from the state central office for distance learning, the contract is void under section 7(1) FernUSG. Amounts already paid can then as a rule be reclaimed. The provider may, however, claim compensation for the value of its services and deduct it from the repayment, but it has to set out and prove that claim itself. Whether the act applies in a given case is assessed by a court against the four criteria in section 1 and the content of the contract.
Does the FernUSG apply to a distance degree programme?
That depends on the university and the contract. At a state university you enrol under public law, and the ZFU question generally does not arise there. Private, state-recognised distance universities, by contrast, conclude study contracts under private law, the ZFU also approves distance degree programmes, and some private distance universities state that their programmes hold ZFU approval. The Federal Court of Justice rulings of recent years mainly concern online coaching and mentoring programmes.
How do I check whether a provider is approved?
Approved courses carry an approval number from the state central office for distance learning in Cologne. Reputable providers state it in their legal notice, in the study contract or directly on the course page. With that number you can find the course in the ZFU course search. If you cannot find it anywhere, ask, and ask in writing before you sign.
Does the FernUSG also apply to freelancers and companies?
Yes. In its judgment of 12.06.2025 (III ZR 109/24) the Federal Court of Justice held that the FernUSG applies not only to consumers but also to businesses. Freelancers and companies can therefore rely on it too. Whether a business coaching or mentoring programme is distance learning at all, however, the court assesses case by case, depending on whether teaching knowledge or personal advice is the focus (III ZR 80/25).
What termination rights does the act give me?
The FernUSG gives participants their own right of termination regardless of what the contract says. Termination is first possible at the end of the first six months after conclusion of the contract, with six weeks’ notice, and at any time thereafter with three months’ notice. Notice must be given in text form, and afterwards you only owe the share that corresponds to the value of the services provided up to that point. Contract clauses excluding or hindering this right are ineffective. Long minimum terms covering the whole course frequently do not hold up.
What counts as learning control under the FernUSG?
According to the Federal Court of Justice, the criterion is to be read broadly. It is enough if the contract gives you a right to ask questions about your understanding of the material, for example in online meetings, by email or in a community group. A single check is sufficient, the provider does not have to ask test questions, and whether the check actually takes place is irrelevant (III ZR 109/24, III ZR 173/24, III ZR 137/25). What counts is the content of the contract in the individual case.
What does a contract under the FernUSG have to include?
Your declaration to conclude the contract must be in text form (section 3(1)). The provider must as a rule inform you in particular about the type and validity of the course qualification, the place, duration and frequency of accompanying classes, the intervals at which learning material is delivered and, for exam preparation, the admission requirements (section 3(3)). The fee is paid in instalments covering no more than three months each, and apart from narrow exceptions advance payments may neither be agreed nor demanded (section 2(2)). Enrolment fees and contractual penalties are not permitted.
When does a course need approval under the FernUSG?
Under section 12(1) FernUSG distance courses need approval, meaning offers that meet all four criteria in section 1. Material changes also have to be approved. Exempt are courses that by content and purpose serve exclusively leisure or entertainment, and supplementary distance courses that only complement another, self-contained educational offer (section 18). Their distribution only has to be notified to the authority. The competent body is the state central office for distance learning (ZFU).
Is the German Distance Learning Protection Act being abolished?
It is planned, not decided. The Federal Education Ministry has presented a ministerial draft bill with a working status of 17.08.2026 and published it on 27.08.2026. It provides for deleting sections 1 to 26 FernUSG as of 01.07.2027 and for the act to expire at the end of 30.06.2028. The Cabinet would first have to adopt the draft, then the Bundestag would have to pass the act, with the Bundesrat involved. Until a change enters into force, the FernUSG applies unchanged. As of 15.09.2026.
Not sure what you signed?
In the initial consultation I place your offer: is it a distance course, a degree programme or coaching, and what follows from that for your options?