Since the Federal Court of Justice in 2025 widely interpreted the scope of the Distance Learning Protection Act, many coaching programs have been put to the test.
What is it about?
The Distance Learning Protection Act requires approval for distance learning courses. In 2025, the Federal Court of Justice ruled that the law can also apply to contracts with entrepreneurs and that even small forms of learning success control can suffice, such as the possibility of asking questions. If the admission is missing, the contract is null and void.
Consequences for providers
Participants can reclaim paid amounts. This can be life-threatening for providers if many participants make claims at the same time.
- Check programs for learning controls
- Adjust design or apply for approval
- Revise contracts and terms and conditions
- Check provisions for reclaims
What participants should know
Anyone who has booked expensive coaching can have it checked whether the program was subject to admission. The claims regularly expire after three years.
Practical examples
Mentoring with homework
Situation: A business creator sells a mentoring with videos, tasks and feedback.
Classification: The program can be distance learning subject to admission.
Recommendation: Have the design checked and, if necessary, apply for approval.
Pure video course
Situation: A creator sells a video course without supervision.
Classification: Without learning control, there is usually no distance learning.
Recommendation: Consumer obligations nevertheless observe.
Recall
Situation: A participant asks for his money back after completing a coaching session.
Classification: The classification of the program is crucial.
Recommendation: Have the claim checked before being paid or rejected.
Conclusion
Coaching providers should have their programs checked promptly. Early adjustment is cheaper than a wave of recovery.
Do you have questions on this topic? More on this on our page Coaching and Online Courses or directly via our Initial assessment.
Frequently asked questions
When does an online course fall under the Distance Learning Protection Act?
If knowledge is mainly imparted separately for fees and the learning success is monitored, for example through questions, feedback or homework. According to the case law of the BGH, this can also apply to coaching towards entrepreneurs.
What happens if my course is not admitted?
A distance learning course requiring a license without ZFU approval is void. Participants can reclaim fees already paid, which can trigger significant reclaims.
How can I make my offer legally secure?
Either you get the ZFU approval or you design the offer in such a way that there is no learning success control. Both should be coordinated with the terms and conditions and the sales process.
Further information: Coaching and Online Courses · Legally secure terms and conditions and contracts