Shopping enjoyment: Legal certainty for telephone transactions


no. 08/15

Shopping enjoyment: Legal certainty for telephone transactions

"ELSBETH ContractCompliance" by the Enghouse brand IT Sonix revolutionizes telesales in Germany.

Leipzig, 29 June 2015 - industry insiders expect legal restrictions in Germany which could  call the entire telesales business into question. An alternative in telephone retailing is the "ELSBETH ContractCompliance" software programme from IT Sonix AG, which is part of Enghouse Interactive. With this solution contracts made by telephone can immediately be  legally recorded by digital signature.

Experts believe that Germany's legislature will  tighten up the conditions relating to telephone contracts in the near future. It is thought that stricter regulations are being planned in relation to § 6 of the Telemedia Act (TMG) and § 126a of the German Civil Code (BGB) which would virtually put an end to transactions made by telephone.
At the same time, in many cases conventional signatures on paper could – with the same level of security – be replaced by electronic signatures, which could make many business processes more convenient and faster. The reason for this is that the cancellation rate for contracts made by telephone in Germany continues to be between 40% and 60%. In addition, media discontinuity (electronic document creation, printing for signature, scanning for archiving) costs a great deal of time, patience and money. This is definitely not in the interests of the consumer.

Conclusion of contracts: convenient and up-to-date

The "ELSBETH ContractCompliance" software enables contact centres and telesales agencies to conclude transactions in an up-to-date way – with legal certainty, uncomplicated, without media discontinuity and therefore quickly. For convenient transactions using digital signatures the customer, on the other hand, only needs a smart phone or tablet with touchscreen or another input device such as  an electronic pen, mouse etc.

This is how it works: during the phone call between the customer and the company, the contract is filled out by the sales agent, after which the customer automatically receives a push link (by SMS, email, Facebook, WhatsApp etc.).  After opening this link the customer is transferred to a secure website, where all the contractual data can be viewed and checked, including revocation  information and terms and conditions. After that the customer signs the contract and concludes the transaction by clicking on the "Order now" button.
After the signature both customer and agents receive an email with an attachment and/or Web link or push link, which enables the complete contract including the terms and conditions and signature to be viewed or downloaded.

Legally valid and with legal security

The digital signature process with "ELSBETH ContractCompliance" is suitable for all contracts concluded under consumer law and – with the right of revocation – include regular payments. Examples are the fields of mobile communications, Internet, energy etc.
The contract with the digital signature is as legally secure as a conventional contract signed with a ballpoint pen. If desired, the transmission of the signed contract can be implemented with additional levels of security (encryption, user password etc.). The revocation and withdrawal rights are also guaranteed by the distance contracts which are regulated by § 312 BGB.

"With ELSBETH ContractCompliance we are providing a qualified and secure processing of many legal transactions – inexpensively and without excessive administrative work", states Burkhard Urban, Direct Sales Director at Enghouse Interactive.


Enghouse Interactive is a global leader in providing solutions that deliver differentiated customer experience and maximize the value of every customer interaction. Enghouse Interactive’s comprehensive portfolio of interaction management solutions span multi-channel call centers, Computer Telephony Integration (CTI), self-service Interactive Voice Response (IVR), knowledge management, operator con-soles, call recording and quality monitoring, media voice services, and outbound dialers. These solutions support any telephony environment and flexible deployment options, on premise or in the cloud. With Enghouse Interactive solutions, your customers can reach you anytime, anywhere, and anyhow. Enghouse Interactive is a subsidiary of Enghouse Systems Limited, a software and services company traded on the Toronto Stock Exchange (TSX) under the symbol "ESL." Founded in 1984, Enghouse Systems is consistently profitable, and has grown both organically and through strategic acquisitions. Andtek, Arc, CosmoCom, Datapulse, IAT Smartdial, IT Sonix, Safeharbor, Syntellect, Telrex, Trio, Voxtron and Zeacom are trademarks of Enghouse Interactive. Learn more at


Further Information:

Enghouse (Germany) GmbH
Astrid Pocklington
Darmstädter Landstraße 213
60598 Frankfurt am Main
phone: +44 118 972 8410

© Fuchs Pressedienst und Partner

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