Article 3. Consumer and business
(1) A consumer means any natural person who, within a civil legal relationship, is acting primarily for purposes which are not related to his or her business or profession. A natural person is not a consumer if the other party to the civil legal relationship is not a business.
(2) A business means any natural or legal person, irrespective of whether of public law or private law, which, within a civil legal relationship, is acting for purposes relating to the person’s business or profession, even if the person does not intend to make a profit in the course of the activity.
(3) A person who, within a civil legal relationship, is within both paragraph (1) and paragraph (2) is regarded as consumer in relation to a rule which would provide protection for that person if that person were a consumer, and otherwise is regarded as a business.
Origin of the rule: Art. I. – 1:105 DCFR