Note
This article applies to the sale of online courses and online coaching in Germany.
Online courses and online coaching sold in Germany can be considered distance learning. They then fall under the Distance Learning Protection Act (FernUSG) and may require government approval.
In this article, you will learn how to design online courses and online coaching so that they are not considered distance learning.
What is Distance Learning?
The FernUSG applies to all sales platforms in Germany, not just Digistore24.
According to § 1 FernUSG, any form of knowledge transfer that meets ALL the following criteria is considered distance learning:
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Your product is designed so that participants work on the content more than 50% independently. This means that participants mostly teach themselves the learning content using the videos, audios, or other materials you provide, without you being present or connected via live transmission. This asynchronous communication is referred to as asynchronous.
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Your product offers individual learning success control. This means your participants can check their own learning success by using the means you provide. These include exams that participants must pass. Likewise, the ability to ask you even one question about the content, e.g., in Q&A sessions, forums, Facebook, WhatsApp, or Messenger groups. Automated tests and quizzes (e.g., multiple-choice or fill-in-the-blank) do not count as individual learning success control and can always be used.
According to § 12 FernUSG, you need approval certification from a government authority, the Central Office for Distance Learning (ZFU), to sell distance learning.
For distance learning for leisure or entertainment purposes ("hobby courses"), approval may not be required. Whether the requirements are met is determined by the ZFU. You must also register such hobby courses with the ZFU in order to sell them.
If your product is subject to approval but does not have one, sales contracts for the product may be invalid (nullity according to § 7 Abs. 1 FernUSG). Participants can then return the product even after full use and demand a refund. German courts regularly rule in favor of customers in such cases.
Designing Courses That Are Not Distance Learning
The quickest and easiest way to sell your online courses is to ensure they are not considered distance learning.
To ensure your online course is not considered distance learning, design it as a pure self-learning course. Remove any possibilities for individual learning success control.
Make sure:
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Your online course does not include tests that you see and evaluate or that participants must pass to unlock the next course content. This counts as individual learning success control.
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Your online course does not include quizzes that you see and evaluate or that participants must pass to unlock the next course content. This counts as individual learning success control.
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Your online course does not include a way for individual participants to ask you even one question about the course content, e.g., in Q&A sessions, forums, Facebook, WhatsApp, or Messenger groups. This counts as individual learning success control.
You can offer:
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Your online course may include automated tests that you do not see and evaluate. These include multiple-choice questions and fill-in-the-blank texts.
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Your online course may include a contact option for organizational questions about order processing. Clearly state in the product description on the sales page or order form that you do not answer or evaluate questions about course content.
Tip
Use Digibiz24 to design and offer your course. You can implement automated tests with Quiz.
Designing Coaching That Is Not Distance Learning
The quickest and easiest way to sell your online coaching is to ensure it is not considered distance learning.
Coaching takes place in direct contact between you and the participants, which includes individual learning success control.
To ensure your coaching is not considered distance learning, make sure that significantly less than 50% of the content is delivered via videos, audios, and other asynchronous media. Significantly more than half of the learning must occur in direct conversation.
Make sure:
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If your coaching includes a portion for self-study: The self-study learning portion accounts for significantly less than 50% of the total learning time. Participants must spend significantly more time in conversation with you than reviewing the materials you provide, such as texts, slides, books, videos, membership areas, or similar.
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The coaching does not offer a way to ask you questions about the content outside of the coaching sessions. The questions can come from Q&A sessions, forums, Facebook, WhatsApp, or Messenger groups. It is sufficient if participants can ask questions even just once.
Selling Courses and Coaching
Offer online courses and online coaching as separate products:
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An online course for self-learning
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Online coaching for guided learning
It is important that both products can be used meaningfully independently of each other.
Providing a Platform for Course Participants to Exchange
You have designed your online course so that it is not distance learning. Now you want to provide your customers with a way to exchange content without offering individual coaching.
You have the following options:
Offer a Social Media Space Exclusively for Participants
You can offer a space (e.g., WhatsApp or Facebook group) on your sales page or order form with the following restrictions:
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As a provider, you do not comment on content in any way (e.g., "I meant the statement XYZ yesterday like this...")
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As a provider, you only comment on organizational matters (e.g., "Today's coaching is canceled.").
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Participants can freely exchange content. The exchange is not commented on or influenced by you.
Clearly state in the product description on the sales page or order form that you do not answer or evaluate questions about course content.
Sell Access to Membership Areas or Groups as a Separate Product
If you want to provide your community with opportunities to contact you about content beyond the product, you can offer a separate product for this. The product can be, for example, a paid access to a Facebook group.
It is important that this product can be used meaningfully on its own and does not have a direct connection to your other product.
Selling Distance Learning
If you want to offer distance learning courses or coaching on Digistore24, please send a copy of the ZFU certification (for job-related courses) or a copy of the registration with the ZFU (for leisure courses) to our support.