(1) A commercial agent is a self-employed intermediary who has continuing authority to procure business on behalf of another trader (trader) or to conclude transactions in the latter's name. A person is self-employed if they essentially are able to arrange their activities freely and to determine their working hours.
(2) Whoever, without being self-employed within the meaning of subsection (1), has continuing authority to procure business on behalf of a trader or to conclude transactions in the latter's name is deemed to be an employee.
(3) The trader may also be a commercial agent.
(4) The provisions of this Division also apply if the commercial agent’s enterprise, by reason of its nature or size, does not require a commercially organised business operation.