The use of emojis in communication is also becoming increasingly important in legal transactions. The ruling by the Munich Higher Regional Court (OLG) on November 11, 2024 (case no. 19 U 200/24 e) shows how emojis can be assessed when making declarations of intent. This raises the question of whether an emoji can constitute a legally binding consent or expression of intent.

The use of emojis can be an expression of intent relevant to legal transactions.

In its ruling, the Munich Higher Regional Court dealt in detail with the legal significance of emojis. Emojis can support or replace declarations of intent, provided that the intention to be legally bound is clearly recognizable. The decisive factor is how a reasonable recipient would understand the message, taking into account the circumstances.

What has happened?

In the underlying case, two parties were in dispute over a purchase contract for a luxury vehicle, the delivery of which was delayed. Both parties used emojis in WhatsApp communication. The focus was particularly on a "thumbs up" emoji (👍) and a "grinning face" emoji (😁). The seller argued that the buyer had agreed to an extension of the delivery date with these emojis.

The buyer disputed this interpretation and later withdrew from the contract due to non-delivery. This led to a claim for repayment of the down payment and a counterclaim for damages.

How does the court assess the use of emojis?

The Munich Higher Regional Court came to the conclusion that emojis can generally be regarded as an expression of declarations of intent. However, their legal effect depends on the context. The following aspects were emphasized in this case:

1. Meaning of the emojis:
   • The "thumbs up" emoji (👍) usually signals approval or agreement.
   • The "grinning face" emoji (😁) can express joy or positive feelings, but does not convey clear approval.
2. Context of communication:
   • The "thumbs up" emoji was used in a conversation that was about ordering the vehicle and not about the delivery date. Therefore, no consent to an extension of the delivery date could be inferred.
   • The "grinning face" emoji was used in a general inquiry from the buyer about the delivery time and did not contain any recognizable intention to be legally binding.
3. Recipient horizon:
   • The decisive factor is how a reasonable recipient would understand the message, taking into account good faith (Sections 133, 157 BGB).
   • The specific context and use of emojis in digital communication must be taken into account, including cultural and individual differences in interpretation.

The court found that there was no binding declaration of intent on the part of the buyer. The withdrawal from the contract was therefore effective.

Emojis and the legal written form according to § 127 BGB ?

Another aspect of the ruling was the question of whether emojis can fulfill the statutory or contractually agreed written form requirement pursuant to Section 127 (2) BGB. The Munich Higher Regional Court clarified that electronic transmissions such as WhatsApp messages can generally fulfill the written form requirements if the messages can be permanently stored and reproduced.

However, emojis alone are not sufficient to replace the written form, as they are mostly used to supplement or underline text. Their legal effect depends on the entirety of the transmitted message and the recognizable intention to be legally binding. The decisive factor is that the declarations are made in a form that is verifiable and clearly attributable, which is not always guaranteed with emojis alone.

The ruling shows that emojis in legal transactions can certainly be interpreted as an expression of an intention to be legally bound, but their interpretation always depends on the individual case. The following applies to companies and private individuals: emojis should be used with caution in a business context, as they may constitute legally binding declarations, especially if there are legal requirements for the written form or legal obligations.

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