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Should you have any problems sending this online form, you can print it and fax it to us (+49 0511.590910.55) or send it per e-mail as an attachment (info@onlineattorney.de).

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Contact Us

Please do not hesitate to contact us at our Hanover office. We offer flexible hours – apart from our usual office hours we will happily meet you outside these times by appointment.

Address

Horak Attorneys-at-Law
Georgstr. 48
30159 Hanover, Germany

Tel: +49.511.357356.0
Fax: +49.511.357356.29

info@onlineattorney.de

Legal Consultation by Online Law Experts

Legal consultation in online law (Onlinerecht) is a broad and specialized service that covers various aspects of digital business, internet regulations, e-commerce, data protection, IT law, and more. Our legal expertise ensures compliance, risk mitigation, contract security, and legal defense in digital matters. Below is a detailed overview of what a legal consultation by online law professionals can encompass.

1. Key Areas of Legal Consultation in Online Law

A. E-Commerce & Online Business Law

• Legal structure of online businesses: Advice on the best legal form (GmbH, UG, Freelancer).
• Online Terms & Conditions (AGB): Ensuring compliance with §§ 305-310 BGB.
• Distance selling regulations (§ 312 BGB): Consumer rights, mandatory information.
• Liability for defective goods or services (§ 280 BGB).

✅ Example: A startup needs legally compliant AGB and return policies for an online shop.

B. Online Contracts & Digital Agreements

• Formation of online contracts (§§ 145-147 BGB).
• Clickwrap, Browsewrap, and EULAs: Enforceability of digital agreements.
• Subscription models & auto-renewals: Legal obligations and cancellation rights.
• SaaS, licensing, and software contracts.

✅ Example: A SaaS company wants an airtight software license agreement.

C. Consumer Protection & Revocation Rights

• Right of withdrawal (§ 355 BGB, EU Directive 2011/83/EU).
• Unfair contract terms (§ 307 BGB).
• False advertising & deceptive marketing (§§ 5, 5a UWG).
• Refund policies & chargebacks (e.g., PayPal disputes).

✅ Example: An e-commerce retailer wants to know if they can legally exclude refunds for digital goods.

D. GDPR & Data Protection Law

• Website privacy policies & cookie consent (GDPR, ePrivacy Directive).
• Data processing agreements (DPAs).
• International data transfers (Schrems II compliance).
• User rights: Right to access, erasure, and objection (§§ 17-21 GDPR).
• Data breach response & liability.

✅ Example: A company using Google Analytics wants to ensure GDPR compliance.

E. IT & Cybersecurity Law

• Liability for hacked accounts, data leaks, and cybersecurity incidents.
• Legal obligations under the IT-Sicherheitsgesetz (IT Security Act).
• Cybercrime defense: Phishing, identity theft, and fraud cases.
• Platform liability & hosting provider responsibilities (§ 7 TMG, Digital Services Act).

✅ Example: A SaaS provider is sued because customer data was leaked after a cyberattack.

F. Influencer & Social Media Law

• Advertising disclosures & hidden advertising (§ 5a UWG, Medienstaatsvertrag).
• Defamation & reputation management (social media disputes).
• Copyright issues with user-generated content (UrhG, DMCA).
• Monetization & brand partnerships (contract review).

✅ Example: An influencer is warned for undisclosed paid promotions and needs legal defense.

G. Digital Asset & Cryptocurrency Law

• BaFin licensing for crypto exchanges & DeFi projects.
• NFT legal issues: Copyright, licensing, smart contracts.
• Crypto taxation & reporting obligations.
• AML & KYC compliance for crypto businesses.

✅ Example: A blockchain startup wants to launch an NFT marketplace but is unsure about regulatory requirements.

H. Intellectual Property (IP) & Copyright in Online Business

• Trademark registration & brand protection (DPMA, EUIPO).
• Handling copyright infringement & takedown notices.
• Licensing & royalty agreements for digital content.
• Domain name disputes & cybersquatting.

✅ Example: A company finds a competitor copying its digital content and seeks legal action.

I. Digital Platform & Marketplace Law

• Platform liability for illegal content (NetzDG, Digital Services Act).
• Terms of service & user agreements for platforms.
• Banning users & content moderation legalities.
• Liability for third-party sellers on marketplaces.

✅ Example: An online marketplace wants legal advice on removing user-generated content without facing legal action.

2. Legal Risk Assessment & Compliance Checks

A key service we provide is a detailed legal risk assessment of digital businesses, covering:
✅ Compliance with consumer protection laws.
✅ GDPR & data processing reviews.
✅ IT security compliance (e.g., data breach handling).
✅ AI & automated decision-making compliance.

✅ Example: A company using AI for automated hiring wants to ensure non-discrimination compliance.

3. Dispute Resolution & Litigation Support

If legal disputes arise, we offer:

• Representation in online contract disputes (AGB, refunds, chargebacks).
• Defense against cease-and-desist orders (Abmahnungen).
• Negotiation & mediation in e-commerce conflicts.
• Litigation in digital law cases.

✅ Example: A company is sued for refusing to refund digital content and needs legal representation.

4. Legal Strategy & Next Steps

Once the legal situation is assessed, we develop a tailored strategy, including:
✅ Immediate legal actions (e.g., contract adjustments, dispute resolutions).
✅ Preventative compliance measures.
✅ Negotiation tactics for settlements or risk mitigation.
✅ Litigation strategy if necessary.

5. Costs & Duration of Legal Consultation

Cost Structure:

• Flat-rate initial consultations: €100 - €250 (depending on complexity).
• Hourly billing for complex legal analysis.
• Project-based fees for contract drafting, GDPR audits, etc.

Typical Duration:

• Initial consultation: 30 - 60 minutes.
• Full legal assessments: 1-2 weeks, depending on complexity.

6. Conclusion: Why Choose Professional Online Law Consultation?

A professional legal consultation ensures that digital businesses:
✔ Avoid legal pitfalls in e-commerce, GDPR, cybersecurity, and IT law.
✔ Have watertight contracts to protect against liabilities.
✔ Stay compliant with EU and German regulations.
✔ Resolve disputes efficiently and cost-effectively.