German internet law

Information technologies and the Internet have enormous potential for administrations, businesses and industries, as well as for consumers; in order to do so, however, it is fundamental that internet regulations are respected. At the same time, the new technical possibilities also lead to related dangers. In Internet Law, problems can start with simple mistakes, like the assumption of a private business, which is actually a commercial business.

General internet law and online law

The number of companies present on the Internet is still growing. Through this medium, consumers and business partners can be reached faster and more quickly. The economic sphere of influence of a company also expands when it decides to use the internet for advertising and distribution. In the case of an online presentation, however, the provider has to inform his customers comprehensively: in accordance with the current legislation, the entrepreneur is obliged by law to publish an extensive Imprint and several provisions.

German media law

Those are not special regulations (as the Telemedia Act –TMG), but practical applicable internet laws. Also those who want to advertise on the Internet must pay attention to specific legal requirements, some of which derive from some online peculiarities. Thanks to the internet platform, sellers and traders can reach all sectors. However, some users and vendors are still reluctant, as they are not sure about their own rights and position in an online business.

Internet contract law

Contracts or agreements concluded on the internet are really common; however, once the agreement is concluded, questions as the followings are almost typical:

  • Which laws are applicable?
  • How is it possible to conclude a contract via internet?
  • Is the presentation of goods on a Homepage already a binding offer?
  • How can general business conditions be effectively incorporated into a contract?

Competition law

In addition, trading online increases the risk of warning: competitors, consumer protection agencies and similar institutions can easily identify typical internet law uncertainties and assert legal violations. However, these typical legal online problems can also be easily avoided. Here are some important facts to take into account if you want to enter  the online trademarks world:

  • Never infringe third parties protective rights (do not copy anything, create everything by yourself, do not accept texts, pictures, logos or other data from third parties without a previous legal examination)
  • Observe all the legal requirements (Imprint)
  • Do not use unauthorized and non-examined Terms and Conditions or Revocation Instructions
  • Control the protection of data, general information requirements, as well as competition law requirements.

“Internet Law”, “Online Law”, “Computer Law” or “IT Law” are not original legal areas and often we refer to them without any actual focus in “Internet Law”. Instead, it is really often to go toward a matter of competition law (for example, the suspension of an Amazon offer), trademark law (e.g. selling of plagiarisms as alleged branded products), purchase right (in case of deficiencies in the delivery of an eBay, Amazon or a general Internet Shop products), penal law (counterfeiting/non-delivery of a purchased product), or right to free speech (eBay, Amazon, Google, general Web-shop feedbacks).

Also the drafting of contracts and the examination of the GTC are by no means regulated by particular laws, but most frequently are connected to civil law.

Facebook law

The legal relationships of Facebook users (as well as in relation to third parties) are constantly changing as a result of new “provisions” (General Terms of Use of Facebook), special agreements, and new opportunities advertised or offered by Facebook, as well as amendments to the jurisprudence and legislation.

This sort of „flood“ of regulations is by no means a matter of data protection law, but presents a particular obstacle to the „usage right“ in legal sense.

It is really easy for an “unaware” user to breach the law, for instance, by infringing the rights of a protected digital data, a picture or a video.

We are familiar with Facebook policies and we know how to avoid a legal infringement, or –if necessary- we know how to react once the breaching has already taken place.

Do not hesitate to contact us for further questions or clarifications.