Who is considered an entrepreneur?

Under § 14(1) BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The decisive factor is therefore not simply whether a person has registered a business or describes themselves as a commercial provider. Rather, what matters is whether the particular offer or legal transaction is attributable to their commercial or independent professional activity.

In particular, the following may act as entrepreneurs:

sole traders and business operators,

freelancers and other self-employed persons,

legal persons, for example a GmbH, UG or AG,

partnerships with legal capacity, for example a GbR, OHG or KG.

Depending on the circumstances, a natural person may also act both as an entrepreneur and as a private individual. For example, if an entrepreneur sells an item solely from their private household and the sale is unrelated to their business or professional activity, that particular transaction may fall within the private sphere. Under § 13 BGB, a consumer is a natural person who enters into a legal transaction for purposes predominantly unrelated to their commercial or independent professional activity.

When may conduct be commercial or professional?

Whether a provider is acting as an entrepreneur must be assessed on the basis of the actual circumstances of the individual case. Indications of entrepreneurial activity may include, in particular:

the systematic or recurring offering of goods or services,

purchasing goods for resale,

regularly offering similar or new goods,

offering one's own services for payment,

a professionally organised market presence,

operating under a company name, business name or professional designation.

None of these characteristics is decisive on its own. What matters is an overall assessment of the activity concerned and the particular offer.

Why is the distinction important on suchen.expert?

Classification as an entrepreneur or a private individual can have significant legal consequences. When an entrepreneur deals with a consumer, additional information and consumer protection obligations may apply in particular.

Depending on the type of offer, rules on distance selling, consumer information, price indications, product information, data protection or provider identification may need to be observed, for example.

You can find further information in the “For business owners” area of suchen.expert customer support.

Information about entrepreneur status

Users must state their status on suchen.expert truthfully. However, selecting or labelling a user account as “Entrepreneur” or “Private individual” does not replace a legal, tax or trade-law assessment of the activity concerned.

If you are unsure whether you are acting as an entrepreneur or a private individual in relation to a particular offer, you should have the specific activity assessed from a legal or tax perspective.