When do online courses fall under the Distance Learning Protection Act (FernUSG)? Do I need authorisation from the central department for distance learning (ZFU)?
To begin with: Susell GmbH as operator of reteach is not authorised to offer legal advice, but provides customers in a Software-as-a-Service model with a platform to, amongst other things, create and sell online courses.
Our customers are required to prove themselves if the courses offered and sold (!) by them fall under the Distance Learning Protection Act (FernUSG) and therefore require authorisation by the ZFU central department for distance learning.
If an online course falls under the requirements of the Distance Learning Protection Act can be determined based on the following criteria:
(1) In return for payment
The Distance Learning Protection Act only applies to sold courses.
(2) Contents
The contents must be directed towards acquiring knowledge and skills.
(3) Spatial separation
"Spatial separation" includes a timely component. This means that organiser and participants cannot be online at the same time.
Online seminars held live, which are not accessible as a recording after, are not considered distance learning under the FernUSG.
Often times concepts consist of a mix of live courses and self-directed learning.
As long as the self-directed learning is not the dominating part, meaning the proportion of live courses is at least 51%, it is not considered distance learning under the FernUSG (More information under https://www.aktivkanzlei.de/blog/fernunterrichtsschutzgesetz-zulassung-fur-online-kurse).
(4) Individual learning control
This applies when for instance individual, professional support to the online course is provided, such as through offering the possibility to ask questions.
Additionally, a product designation as "certified training course" or "academy" can fulfill this criterion.
(More information under https://www.aktivkanzlei.de/blog/fernunterrichtsschutzgesetz-zulassung-fur-online-kurse).
Info: We do not own and are not responsible for the contents of the linked pages.
More information on the website of the ZFU, also regarding process and costs.