The use of emojis in communication is also gaining importance in legal contexts. The ruling by the Munich Higher Regional Court (OLG) dated November 11, 2024 (Case No. 19 U 200/24 e) illustrates how emojis can be interpreted when making declarations of intent. This raises the question of whether an emoji can constitute legally binding consent or an expression of intent.

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

In its ruling, the Munich Higher Regional Court addressed the legal significance of emojis in detail. 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 the circumstances into account.

What happened?

In the case at hand, two parties were in dispute over a sales contract for a luxury vehicle whose delivery had been delayed. Both parties used emojis in their WhatsApp communications. Particular attention was focused on a “thumbs-up” emoji (👍) and a “grinning face” emoji (😁). The seller argued that, by using these emojis, the buyer had agreed to an extension of the delivery date.

The buyer disputed this interpretation and later rescinded the contract due to failure to deliver. This led to a lawsuit seeking reimbursement of the down payment and a counterclaim for damages.

How does the court view the use of emojis?

The Munich Higher Regional Court concluded that emojis can generally be regarded as expressions of intent. However, their legal effect depends on the context. In this case, the following aspects were highlighted:

1. Meaning of the emojis:
   • The "thumbs-up" emoji (👍) usually indicates approval or agreement.
   • The "grinning face" emoji (😁) can express joy or positive feelings, but it does not convey unequivocal agreement.
2. Context of the communication:
   • The "thumbs-up" emoji was used in a conversation that centered on the vehicle order, not the delivery date. Therefore, it could not be interpreted as consent to an extension of the delivery date.
   • The “smiling face” emoji was used in a general inquiry from the buyer regarding the delivery time and did not indicate any recognizable intention to be legally bound.
3. Recipient Horizon:
   • The decisive factor is how a reasonable recipient would understand the message, taking into account the principle of good faith (Sections 133, 157 of the German Civil Code (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 rescission of the contract was therefore valid.

Emojis and the legal requirement for written form under Section 127 of the German Civil Code (BGB)?

Another aspect of the ruling was the question of whether emojis can satisfy the statutory or contractually agreed-upon written form requirement under Section 127(2) of the German Civil Code (BGB). The Munich Higher Regional Court clarified that electronic transmissions, such as WhatsApp messages, can generally satisfy the written form requirement if the messages can be permanently stored and reproduced.

However, emojis alone are not sufficient to replace written form, as they are usually used to supplement or emphasize text. Their legal effect depends on the message as a whole and the discernible intent to be legally bound. It is crucial that the statements be made in a form that is verifiable and unambiguously attributable, which is not always guaranteed when using emojis alone.

The ruling shows that emojis can certainly be interpreted as an expression of intent to be legally bound in legal transactions, but their interpretation always depends on the specific circumstances of each case. For businesses and individuals, the following applies: Emojis should be used with caution in a business context, as they may constitute legally binding statements under certain circumstances, particularly when statutory written-form requirements or legal obligations are involved.

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