Key differences between business-to-business and business-to-consumer contracts

Differences between business-to-business and business-to-consumer contracts; general differences.

The rules concerning the conclusion of contracts and obligations arising from them are for the most part included in the Civil Code. In general, they apply to all contracts, whether concluded between businesses or with consumers. There are a few special individual rules to be applied specifically to business-to-business relationships; otherwise, the general rules apply. Regarding contracts concluded between a business and a consumer, in some respects the general regulation for this contract category is supplemented by special rules. In such cases, the special regulation rules out the application of the general regulation.

The fundamental difference is in the degree of autonomy that the parties have.

When businesses enter into a contract with each other, the law leaves them greater freedom in regulation of their mutual rights and obligations. They are assumed to act cautiously and with due care, and there is no need to protect them as much as consumers.

By contrast, when a business concludes a contract with a consumer, who is typically the weaker party to the contract, especially in terms of information and bargaining power, the law protects the consumer through a set of specific, more detailed, and stricter rules. The parties cannot deviate from this regulation in the contract to the consumer’s disadvantage.

Rules concerning worker representation

Rules concerning the content of contracts

Differences between a contract of sale concluded between businesses and a consumer contract of sale