+demolition hunter
07th May 2024
Data protection in online trading

Data protection in online trading

It's crucial, that users’ personal data is protected, to protect their privacy. Many online retailers therefore rely on encryption technologies and strict security measures, to protect their customers’ data. Still, it's important to note, that absolute security cannot be guaranteed. It is also the responsibility of the users, to protect your data carefully, by using strong passwords and being careful with your personal information. Data protection in online trading is an extremely important issue. Lawyer Dipl.-Ing. Michael Horak, LL.M. Privacy policies should be transparent and provide users with clear information about them, how your data is used. It is also important, that users have control over their....

+demolition hunter
27th Nov 2023
Outsource to external service providers through IT outsourcing

Outsource to external service providers through IT outsourcing

IT outsourcing is a process, where companies or organizations outsource their IT tasks to external service providers. This can include a variety of IT tasks, such as the development of software, the management of networks, maintaining hardware and supporting end users. There are many reasons, why companies consider IT outsourcing. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. One of the main reasons is cost savings. By outsourcing IT tasks, companies can reduce the costs of hiring and training IT staff. In addition, they can benefit from economies of scale, that arise through collaboration with an IT service provider. Another advantage of IT outsourcing....

+Compliance Management
14th Aug,en 2023
IT law as an important area of ​​law

IT law as an important area of ​​law

IT law is an important area of ​​law, dealing with the legal regulation of information technology and the use of computers and the Internet. It covers a variety of topics, including data protection, Copyright, Trademark, Contract law, liability issues and cybercrime. In today's digital world, IT law is of crucial importance for companies and individuals, use the technology. Businesses need to make sure, that they comply with applicable laws and regulations, to avoid legal problems and financial losses. Individuals also need to be aware, how to protect your personal data and what rights you have, when their data is collected and used by companies or government agencies. An important aspect of IT law is data protection....

+General
12th Dec 2022
The legal side of IT compliance

The legal side of IT compliance

horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. In the area of ​​the IT landscape, legal regulations prevail, internal and contractual regulations. In corporate management, we can use the term IT compliance to describe compliance with regulations. Compliance means only in itself, that the applicable legal rules and recognized social values ​​and norms are always observed in the context of all corporate activities. Already in the light of the existing regulation density for companies and entrepreneurs, cross-border activities, Due to the increasing regulation and in particular the special liability for the management bodies, every company today has to operate a compliance management system. Lawyer Dipl.-Ing. Michael Horak, LL.M. Risky areas of IT compliance In particular, the...

+E-Mail
03rd Jan 2022
E-mail advertisements represent persistent and undesirable addressing of the users of the e-mail services

E-mail advertisements represent persistent and undesirable addressing of the users of the e-mail services

1. Art. 13 Abs. 1 Directive 2002/58 / EC of the European Parliament and of the Council of 12. July 2002 on the processing of personal data and the protection of privacy in electronic communication (Privacy policy for electronic communications) in the by Directive 2009/136 / EC of the European Parliament and of the Council of 25. November 2009 the amended version is to be interpreted accordingly, that the display of advertising messages in the inbox of a user of an e-mail service in a form, which is similar to that of an actual email, and in the same place as such an email, a "use of ... electronic mail for the purposes of direct mail" within the meaning of this provision, without determining the recipient of these messages ...

+Lawyer
15th Oct 2019
Importance of freedom in the assessment of an utterance as "harmful to minors" and the terms thereof finable requirement to appoint a youth protection officer

Importance of freedom in the assessment of an utterance as "harmful to minors" and the terms thereof finable requirement to appoint a youth protection officer

decisions, applied to the evaluation of a by Article. 5 Abs. 1 Set 1 socialize as harmful to minors adverse legal consequences GG protected expression, must take into account the value-setting significance of the fundamental right of freedom of expression. These principles are also to be observed, if not the expression itself is the subject of proceedings, but their evaluation is in turn the basis for a more onerous state measure. As far as making a classification of utterances as "harmful to minors" the basis for the finable requirement to appoint a youth protection officer, must also be considered as part of the proportionality test, the importance of having such a requirement for the possibility of freedom of expression of those affected. This has the 2nd Chamber of the First Senate of the Federal Constitutional Court today ...

+Haftung für Links
12th Dec 2016
The creation of links to a community of injured side is "the public", the knowledge of an infringement

The creation of links to a community of injured side is "the public", the knowledge of an infringement

Art. 3 Abs. 1 Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society must be interpreted, that to answer the question, whether the setting of hyperlinks to a website to works, which are freely accessible on another website without permission of the copyright holder, constitutes a 'public' within the meaning of that provision, is to be determined, whether the links non-profit by someone, did not know the unlawful publication of works on the other site, or could not reasonably know, were provided or if the links were rather provided for profit, being in ..,de.

+Internet Law
19th Sep 2016
An Internet client can exercise a due to erroneous calculation with a significantly low price excellent contract according to § 242 BGB in any case not invoke the Treaty, if he has the faulty Pricing positively recognized upon conclusion and implementation of the contract is unreasonable for the seller par excellence.

An Internet client can exercise a due to erroneous calculation with a significantly low price excellent contract according to § 242 BGB in any case not invoke the Treaty, if he has the faulty Pricing positively recognized upon conclusion and implementation of the contract is unreasonable for the seller par excellence.

1. Whether an email sent to the customer automatic response in addition to the knowledge of the Declaration § 312i Abs. 1 No.. 3 BGB also includes any operation designed to contract acceptance declaration of intent, is by design to §§ 133, 157 identify BGB. 2. One with "order confirmation" overridden automatic email, a knowledge statement according to § 312i Abs. 1 No.. 3 BGB includes, is regularly interpreted as aimed at the contract acceptance declaration of intent at the same time. 3. The knowledge in a statement according to § 312i Abs. 1 No.. 3 BGB statement set "Thank you for your order. We will process your order immediately. "Leaves in interpreting regularly to the conclusion, dass damit zugleich eine auf...

+Lawyer
23rd Oct 2015
Exchanges in Bitcoins are exempt from VAT and fall within Article. 135 Abs. 1 BUCHST. e of Directive 2006/112

Exchanges in Bitcoins are exempt from VAT and fall within Article. 135 Abs. 1 BUCHST. e of Directive 2006/112

1. Art. 2 Abs. 1 BUCHST. c of Council Directive 2006/112 / EC of 28. November 2006 on the common system of VAT is to be interpreted, standing that transactions such as those at issue in the main proceedings, consisting Exchange conventional currencies in units of virtual currency "Bitcoin" and vice versa, which are executed for an amount, corresponding to the margin, represented by the difference between the price, to which the economic operator concerned buys currencies, and the price, at which he sells them to its customers, is formed, constitute paid services provided for the purposes of that provision. 2. Art. 135 Abs. 1 BUCHST. e of Directive 2006/112 must be interpreted, that services such as ...

+Terms and Conditions
11th Dec 2014
Cancel an eBay action by the auctioneer grds leads to liability for damages

Cancel an eBay action by the auctioneer grds leads to liability for damages

The Federal Court today employed in a decision on the question, circumstances under which a provider even longer than 12 May terminate hours running eBay auction early and sell the thing offered elsewhere, without making himself against the hitherto highest bidder liable for damages. The defendant offered on 17. More 2012 on the internet platform eBay for a period of ten days a generator at a starting price of 1 € an. At the 19. More 2012 he broke the auction prematurely. The plaintiff was at this time at the starting bid of 1 € Highest Bidder and desires – after the defendant sold the generator otherwise – now damages in the amount of ...

+Warning
17th Sep 2014
Libraries must digitize works contained in their collections and provide users at terminals available

Libraries must digitize works contained in their collections and provide users at terminals available

1. The term "regulations on the sale and Licenses" in Art. 5 Abs. 3 BUCHST. n of Directive 2001/29 / EC of the European Parliament and of the Council of 22. More 2001 the harmonization of certain aspects of copyright and related rights in the information society is to be understood in the sense, that the right holder and referred to in this provision means, such as a public library, for the covered work a license- must have or use contract closed, in which the conditions for the use of the work are determined by the device. 2. Art. 5 Abs. 3 BUCHST. n in conjunction with Article. 5 Abs. 2 BUCHST. c of the Directive 2001/29 must be interpreted, that ...

+Lawyer
09th Dec 2013
The IT contract in legal practice

The IT contract in legal practice

IT contracts must be designed subject-specific, to ensure a legally sound imaging of the underlying IT project. Here, the subject matter of the main contract plays a central role; it's about the software, Hardware, Databases, IT Systeme und / oder TK-Systeme, or concrete sub-areas. Individual IT contracts / large projects This begins with individual software or individual projects with the planning- and design phase, in the preparation of specifications and requirement specifications decisive course for avoiding a definitive rift between IT vendors and IT and contracting is to ensure. After creating and decrease the IT project is – provided that the IT project does not fail prematurely – then maintained the software usually and therefore accompanied by a Wartungs-/Service-/Pflegevertrag, an escrow Vetrag on the deposit of source code ...

+Warning
04th Dec 2013
IT Law Practice: Internet Law, Online Legal, IT Contract Law, Copyright, Media Law, Trademark, Title protection law, Competition Law, International IT Law, IT tendering law, Press Law, IT-specific criminal law

IT Law Practice: Internet Law, Online Legal, IT Contract Law, Copyright, Media Law, Trademark, Title protection law, Competition Law, International IT Law, IT tendering law, Press Law, IT-specific criminal law

Internet Law, Online Legal: Liability for content on the Internet Online Copyright Specific expressions of opinion on the net, Protection of the privacy, Protection of honor provider contracts, Provider liability warnings and their defense preparation of Terms of Use for Websites liability of forums- and platform operators sharing, illegal downloading of music and movies liability for hyperlinks, Search engines Privacy policy, Creation of data protection declarations domain disputes, Recht der Domains Online-Marketing (Advertising- and marketing contracts) Legal support of internet service providers, Web designers, Media agencies, Operators of online shops websites and eBay stores youth protection on the net e-commerce, E-business IT contract law drafting and negotiating IT contracts (Software development , -surrender, -adaptation, Hardware procurement, Support contracts, System contracts, License agreements, alternatives Lizenzmodelle, Project contracts, Distribution agreements, Employee- and Beraterverterträge) Licensing of software over the Internet APP-related treaties Privacy treaties creating Conditions (also EVB-IT) Providerverträge (Access, Hosting, Housing, ASP)...

+Art. 10 MRK
14th Oct 2013
The liability of a news portal operator for publishing illegal user comments even though he had the comments removed quickly, does not constitute a violation of Art 10 MRK shows after he been advised of the illegal contents of the anonymous comments

The liability of a news portal operator for publishing illegal user comments even though he had the comments removed quickly, does not constitute a violation of Art 10 MRK shows after he been advised of the illegal contents of the anonymous comments

The liability of a news portal operator for publishing illegal user comments even though he had the comments removed quickly, after he has been advised of the illegality, does not constitute a violation of Art 10 MRK dar.

+Warning
04th Jun 2013
Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business" – a branch is not enough

Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business" – a branch is not enough

The requirement of § 5a Abs. 3 No.. 2 UWG, specify the identity and address of operator, In the entry, the business operated by the branch addresses is not enough. Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business". Art. 7 IV lit. b UCP Directive speaks of the "address and the identity of the trader". These rules are intended to ensure, that the consumer is clear and unambiguous information about the underlying, with whom he comes into contact business, so that he can take contact without difficulty and without further investigation effort by providing companies (vgl. OLG, WRP 2011, 1213, 1214, OLG Dusseldorf, Urt. in. 02.10.2012 – I-20 U...

+Warning
15th Apr 2013
Press Law

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG. Communication media has different sides. You can destroy the honor and reputation of a person unlawfully in a day. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. The same applies to a reporting Movie. In contrast, failure to, Reply, Pain and suffering, Indemnification, or – exceptionally – the revocation to be an effective means. However, negative reporting has not always legally geandet. Even successful processes can have negative consequences in light of their new visibility. We check the property- and legal ...

+Lawyer
15th Apr 2013
Domain Law

Domain Law

Basics of domain name law: Domains can be addressed in different spellings, namely as a particular numerical IP numbers (eg 192.168.1.1) or letters (eg dieDomainrechtler.de). "DieDomainrechtler.de" set the Domain Names dar, the underlying IP number is not relevant to this legal view of the domain name, but for the technical understanding and use of the domain name. Using the domain name is a unique identification of devices within a particular computer network. In particular, the identification of an Internet domain name server that were – similar to a trademark – introduced and have become established. The domain name as such has nothing directly to do with the contents of a web presence and consequent rights issues. Rather, the domain name will replace only a very first IP number,...

+Warning
09th Apr 2013
Why are we involved in IT-/TK-Recht?

Why are we involved in IT-/TK-Recht?

We know the IT-/TK-Branche of our clients as well as by the special off- and training of our Lawyers. Thus, since we now have 16 Years active in the field of IT-/TK-Rechts Attorney Dipl.-Ing. Michael Horak graduated alongside his jurisprudential studies such electrical engineering with appropriate emphasis in the areas of information technology / telecommunications. Of course we know the terminology and industry relationships. In addition, we are able in particular complicated technical issues as the other institutions of the justice prepare, that the actual technical problems can be recognized and honored accordingly. Accurate and fast we can tap into, what matters. What services we offer? The entire right of information technologies and telecommunications, including the ...