+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....

+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...

+Warning
20th Jan 2020
Automatic selection of reviews by an evaluation portal as yelp.de is admissible

Automatic selection of reviews by an evaluation portal as yelp.de is admissible

BGH judgment of 14. January 2020 – VI ZR 496/18 (u.a.) – yelp.de facts: The applicant takes account of their evaluation display on an Internet portal whose operators to cease and desist, Detection and damage claims. The defendant operates the Internet at www.yelp.de a Review Portal, rate in the company, registered users by awarding one stars up to five and a text. The Internet portal displays all user contributions and classifies them automatically by software and daily without manual control as either “recommended” or as “(currently) not recommended” on. When you call a company are up to five stars displayed with its name and presentation, the average of the award in the “recommended”...

+Warning
10th Feb 2017
Die Umgehung einer Schutzvorkehrung (WoW) kann wettbewerbswidrig sein

Die Umgehung einer Schutzvorkehrung (WoW) kann wettbewerbswidrig sein

a) Der lauterkeitsrechtliche Schutz eines durch Allgemeine Geschäftsbedingungen ausgestalteten Ge-chäftsmodells vor gezielter Behinderung im Sinne von § 4 No.. 4 UWG durch Missachtung der Geschäfts-bedingungen setzt grundsätzlich voraus, dass die missachteten Geschäftsbedingungen in die Verträge des Verwenders einbezogen werden und der Inhaltskontrolle standhalten. This also applies, wenn der Hersteller, Vertreiber oder Veranstalter eines Spiels in seinen Allgemeinen Geschäftsbedingungen die Spielregeln niedergelegt hat. Er verdient den lauterkeitsrechtlichen Schutz vor einer gezielten Behinderung durch einen Verstoß gegen die Spielregeln nur, wenn diese Spielregeln rechtlich verbindlich sind (Fortfüh-rung von BGH, Judgment of 30. April 2014 – I ZR 224/12, Wheat 2014, 785 Rn. 32 = WRP 2014, 839 – Flugvermittlung im Internet)....

+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
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)...