Guidance for Private Individuals on suchen.expert
When Are You Considered a Private Individual?
When posting listings on suchen.expert, you are generally classified as a private individual if you:
1. Occasionally sell items from your personal possessions that you no longer need, or
2. Buy and sell goods that were intended exclusively for private or family use.
The decisive factor is that there is no sustained intention to make a profit and no business activity.
Distinction from Commercial Activity
In many jurisdictions, including Germany, people who sell only sporadically and without commercial intent are not considered commercial sellers (Section 14 of the German Civil Code — BGB).
⚠️ Important:
The items offered must actually come from your private assets.
Reselling goods purchased specifically for resale may result in classification as a commercial seller, with the corresponding legal obligations.
Simplified Requirements for Private Sellers
Unlike commercial sellers, private individuals are not subject to the same extensive consumer protection obligations. As a rule, they are not required to:
- Provide detailed price information under the German Price Indication Ordinance (PAngV).
- Provide a legal notice under Section 5 of the German Digital Services Act (DDG).
- Accept statutory liability for defects where this has been validly excluded.
However, this applies only as long as the activity is genuinely private.
Key Legal Provisions for Private Individuals (Germany)
1. German Civil Code (BGB)
Sales Contract (Sections 433 et seq. BGB)
A sale creates a sales contract that establishes rights and obligations for both buyer and seller.
2. Liability for Defects
- Exclusion of liability for defects (Section 444 BGB)
Private sellers can exclude liability for defects, but not in cases of fraud.
- Fraudulent concealment (Section 444 BGB)
Anyone who deliberately conceals a known defect remains liable despite an exclusion.
- Buyer's knowledge (Section 442 BGB)
If the buyer knows of the defect when the contract is concluded, warranty rights do not apply.
3. Tax Law — Private Sales Transactions
Section 23 of the German Income Tax Act (EStG)
- Occasional private sales are generally tax-free.
- A sale becomes taxable if:
- Fewer than 12 months pass between purchase and sale, and
- The profit exceeds €600 per year.
4. Data Protection
Private individuals must also comply with data protection requirements:
- General Data Protection Regulation (GDPR)
- German Federal Data Protection Act (BDSG)
- Article 6 GDPR — personal data may only be processed where there is a legal basis
Personal data may only be shared to the extent necessary.
5. Protection of Minors
German Protection of Young Persons Act (JuSchG)
When offering or selling age-restricted products (e.g. films, games or alcohol), the statutory age requirements must be observed.
6. Prohibited and Restricted Goods
The sale of certain items is also prohibited for private individuals. Relevant provisions include:
- Weapons law — German Weapons Act (WaffG)
- Narcotics — German Narcotics Act (BtMG)
- Criminal law — German Criminal Code (StGB):
- Theft (Section 242 StGB)
- Handling stolen goods (Section 259 StGB)
Selling stolen or prohibited goods is a criminal offence.
7. Copyright
- German Copyright Act (UrhG)
- Distribution right (Section 17 UrhG)
- Criminal provisions (Sections 106 et seq. UrhG)
Selling pirated copies or unauthorised reproductions is prohibited.
8. Provider Identification — Important Update
German Digital Services Act (DDG)
The obligation to provide a legal notice under Section 5 DDG applies only if you operate on a business basis (i.e. act commercially).
Private sellers on suchen.expert are generally not affected by this requirement.
Conclusion
As a private individual on suchen.expert, you benefit from simplified legal requirements.
Nevertheless, you must act honestly, lawfully and responsibly.
Being aware of your rights and obligations protects you from legal problems and helps make the platform trustworthy for all users.
Note: This information does not constitute legal advice.
If you are unsure, consulting a lawyer or tax adviser is recommended.
