SBS | Specializations
Commercial law
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In recent years, the number of trading and distribution companies has grown significantly, largely due to economic expansion. Globalization and digitalization have opened up new opportunities—but also created new legal challenges—for trade and commerce. The market has been fundamentally reshaped. New sales channels and distribution rules are constantly emerging, requiring companies to continuously adapt.
At the same time, customer expectations are increasing, and competition is intensifying. Companies must respond to ever-changing market demands and navigate increasingly complex legal requirements on both the German and European level. That’s where SBS LEGAL comes in. Our attorneys offer extensive experience in commercial law and provide expert guidance in this dynamic market environment.
With many years of experience advising both national and international clients, our team of commercial law experts assists businesses in e-commerce, brick-and-mortar trade, and direct sales (including agency models, online marketing, and network marketing).
Commercial law is a special branch of private law applicable to merchants. It is characterized by the principles of speed and simplicity in business transactions. Compared to consumers, merchants are considered less in need of legal protection.
Commercial law is mainly governed by the German Commercial Code (HGB) and the German Civil Code (BGB). It includes rules on the commercial register, commercial transactions, and overlaps with company law, check law, securities law, banking law, and capital markets law—all relevant for structuring business relationships.
Commercial law regulates the contractual and other legal relationships between a merchant and their business partners. It also intersects with corporate law, especially in structures like the GmbH, AG, OHG, KG, or GbR.
Furthermore, commercial law governs the merchant’s relationship with competitors. Merchants must follow strict rules in business conduct, including tax, contract, and advertising regulations. Beyond written law, customary trade practices also play an important role. Keeping up with the latest case law is essential.
The classification does not depend on the nature of a specific contract but on whether the party qualifies as a merchant under the HGB.
This includes anyone running a commercial business, industrial operation, craft, or service business (e.g., in tourism or hospitality). Merchants must register in the commercial register. Regardless of registration, legal entities automatically qualify as merchants by law.
Small business owners who are not registered do not fall under this legal definition.
A successful distribution network is critical for your business success. Building and maintaining such a network requires smart commercial decisions and strong legal foundations. Contracts are key.
Our goal is to help you assert your business interests and optimize your commercial relationships through clear and enforceable agreements. The possibilities for structuring sales and distribution models—including distribution agreements, agency contracts, and cooperation agreements—are vast.
As a law firm specializing in commercial law, we offer professional and tailored legal guidance. Our team combines expertise in direct sales, online marketing law, MLM law, and network marketing law to provide comprehensive legal support for your business operations.
Have questions about one of the topics above or need legal advice from a commercial law attorney? Then you’ve come to the right place. Get in touch—we look forward to helping you succeed.