It does not have to click: effective jurisdiction clauses in GTCs through functioning hyperlink in the contract without having to click on it
(ECJ, 24 Nov. 2022, C-358/21)
This is what the judges say: Anyone who agrees to a jurisdiction clause often has to worry about its effectiveness. A recent decision by the ECJ has eased the situation. According to this ruling, a jurisdiction clause in general terms and conditions is also validly agreed if a contract concluded in writing contains a functioning hyperlink to a website via which the general terms and conditions can be read, downloaded and printed out. The exciting thing: The other party does not have to be prompted to accept the general terms and conditions by clicking on a corresponding button. Covered are jurisdiction clauses between contracting parties from EU member states, Switzerland, Norway and Iceland.