Online law

We are specialised in the whole area of online law and internet law. Our services include among others:

• Counselling projects and companies in all legal questions relating to the internet
• Comprehensive legal check of web sites, pages and domains
• Interest representation in mediation and arbitration proceedings
• Drafting and revising agreements
• Implementing agreements
• Defending against claims
• Licence and admission procedures
• Industrial property protection and other measures to secure company value

Online and Internet Law in Germany

Online and Internet law in Germany is a complex and evolving field that  addresses the legal challenges posed by the digital age. It involves a  wide range of issues, from data protection and consumer rights to  intellectual property and cybercrime. Understanding the rights and  obligations of all parties involved is crucial for navigating this legal landscape. Online lawyers play a vital role in ensuring compliance,  resolving disputes, and protecting the interests of individuals and  businesses in the digital realm.

Introduction

Online and Internet law in Germany, often referred to as "Internetrecht" or "Onlinerecht," encompasses a wide range of legal issues arising from the use of the  internet and digital technologies. This interdisciplinary field combines elements of civil law, criminal law, data protection, intellectual  property, and consumer protection. It governs the rights and obligations of individuals and entities operating online, addressing issues such as contracts, liability, data protection, and intellectual property  rights.

Key Areas of Online and Internet Law in Germany

1. Data Protection and Privacy

General Data Protection Regulation (GDPR): The GDPR is a comprehensive EU-wide regulation that sets strict  guidelines for the collection, processing, and storage of personal data. It applies directly in Germany and imposes significant obligations on  businesses.

Federal Data Protection Act (BDSG): This German law supplements the GDPR, providing additional rules and specifications for data protection in Germany.

Rights of Individuals: Under the GDPR, individuals have the right to access their data,  request corrections, and demand the deletion of their data under certain conditions (e.g., when the data is no longer necessary for the purpose  it was collected).

Obligations of Data Controllers and Processors: Businesses must ensure data security, obtain explicit consent for data  processing, and report data breaches to the relevant authorities within  72 hours.

2. E-Commerce and Online Contracts

E-Commerce Directive: Implemented in Germany through the Telemedia Act (TMG) and the Civil Code (BGB), this directive regulates online contracts, consumer rights, and information obligations.

Formation of Online Contracts: Online contracts are legally binding if they meet the requirements of  offer and acceptance. The TMG requires businesses to provide clear  information about the seller, the product, and the terms and conditions.

Right of Withdrawal: Consumers in Germany have a 14-day right of withdrawal for online purchases, allowing them to return goods without providing a reason.

3. Liability Issues

Provider Liability: Under the TMG, service providers are generally not liable for  third-party content they do not create. However, they must remove  illegal content once they become aware of it.

Product Liability: Online sellers are liable for defective products under the German Product Liability Act (ProdHaftG).

Cybersecurity and Data Breaches: Companies must implement appropriate security measures to protect data  and can be held liable for breaches, especially under the GDPR.

4. Intellectual Property Rights

Copyright Law: The German Copyright Act (UrhG) protects original works, including digital content. Unauthorized use of copyrighted material can lead to legal action.

Trademark Law: The German Trademark Act (MarkenG) protects brand names, logos, and other identifiers. Online infringement can result in injunctions and damages.

Domain Name Disputes: The DENIC, the registry for .de domains, has dispute resolution procedures for conflicts over domain names.

5. Consumer Protection

Unfair Competition Act (UWG): This law prohibits misleading advertising, aggressive sales tactics, and other unfair practices in online commerce.

Consumer Rights Directive: This EU directive, implemented in Germany, enhances consumer rights in  online transactions, including clear information requirements and  extended withdrawal periods.

6. Criminal Law and Online Offenses

Cybercrime: The German Criminal Code (StGB) includes provisions for offenses such as hacking, phishing, and online fraud.

Hate Speech and Illegal Content: The Network Enforcement Act (NetzDG) requires social media platforms to remove illegal content, such as hate speech, within specific timeframes.

Rights and Obligations

Rights of Users

Privacy and Data Protection: Users have the right to control their personal data and demand its deletion under certain conditions.

Access to Information: Businesses must provide clear and transparent information about their products, services, and terms.

Right of Withdrawal: Consumers can withdraw from online contracts within 14 days without providing a reason.

Obligations of Businesses

Compliance with Data Protection Laws: Businesses must adhere to the GDPR and BDSG, ensuring data security and transparency.

Transparency in Online Transactions: Clear information about pricing, delivery, and terms is mandatory.

Respect for Intellectual Property: Businesses must avoid infringing on copyrights, trademarks, and other intellectual property rights.

Liability

Liability for Content

Website operators can be held liable for illegal content if they fail to remove it after being notified.

Liability for Data Breaches

Companies can face significant fines under the GDPR for failing to protect personal data. For example, fines can reach up to €20 million or 4% of global annual turnover, whichever is higher.

Liability for Defective Products

Online sellers are responsible for ensuring that products meet safety standards and are free from defects under the German Product Liability Act (ProdHaftG).

Examples and Case Law

1. Facebook Fan Pages and Data Protection (2018)

The European Court of Justice ruled that operators of Facebook fan pages  are jointly responsible with Facebook for data processing. This case  highlights the importance of compliance with data protection laws, even  when using third-party platforms.

2. Right to Be Forgotten (2014)

The European Court of Justice established the "right to be forgotten," allowing individuals to request the removal of personal data from search engine results under certain conditions.

3. Amazon's Pricing Practices (2019)

The Federal Court of Justice in Germany ruled that Amazon's pre-selected  premium delivery option was an unfair practice, emphasizing the need for transparent pricing in e-commerce.

Online Lawyers (Onlinerechtler)

Online lawyers, or "Onlinerechtler," specialize in internet law and provide a range of services, including:

Legal Advice: Offering guidance on compliance with data protection laws, e-commerce regulations, and intellectual property rights.

Contract Drafting and Review: Creating and reviewing online contracts, terms and conditions, and privacy policies.

Dispute Resolution: Representing clients in disputes related to online transactions, domain names, and cybercrime.

Litigation: Handling lawsuits involving online defamation, data breaches, and intellectual property infringement.

Regulatory Compliance: Assisting businesses in adhering to the GDPR, TMG, and other relevant laws.