+Cookie
20th Jul 2020
A consent to be declared by the user, which allows cookies to be called up by means of a preset checkbox, does not meet the consent requirement

A consent to be declared by the user, which allows cookies to be called up by means of a preset checkbox, does not meet the consent requirement

a) Effective consent to telephone advertising within the meaning of § 7 Abs. 2 No.. 2 Fall 1 UWG is not available, if the consumer is confronted with a complex procedure for deselecting partner companies listed in the list when declaring consent, that can make him do it, to refrain from exercising this choice and instead to leave the choice of advertising partner to the entrepreneur. The consumer does not know due to a lack of knowledge of the content of the list and without exercising the right to vote, the products or services of which entrepreneurs recorded the consent, there is no consent for the specific case. b) § 15 Abs. 3 Set 1 TMG is with a view ...

+Warning
12th Jul 2016
Chargeable value added services number in Contacts infringes TMG and is therefore anti-competitive.

Chargeable value added services number in Contacts infringes TMG and is therefore anti-competitive.

The providers of telemedia services, indicating a chargeable value-added service number on its website as a possibility for a contact in addition to his e-mail address, thus providing no further communication available, of the requirements of § 5 Abs. 1 No.. 2 TMG corresponds to effective communication: For a reconciliation of the establishment of a value-added service number with § 5 Abs. 1 No.. 2 TMG and Art. 5 Abs. 1 BUCHST. c of Directive 2000/31 / EC initially speaks the text of those provisions, with indication of contact information quick, to enable direct and effective communication. As the Court of Appeal rightly pointed out, können über den üblichen Verbindungsentgelten liegende und von der vom Anrufer einer Mehrwertdienstenummer nicht immer beeinflussbaren...

+Warning
20th Jan 2014
The concept of "transactional decision" covers all decisions, directly associated with the decision to purchase or not purchase a product.

The concept of "transactional decision" covers all decisions, directly associated with the decision to purchase or not purchase a product.

A commercial practice is known as "misleading" within the meaning of Art. 6 Abs. 1 Directive 2005/29/EC of the European Parliament and of the Council of 11. More 2005 Unfair business practices by companies to consumers in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EG) No.. 2006/2004 of the European Parliament and of the Council (Directive on unfair commercial practices) classified, if this practice to a misrepresentation or contains the average consumer is likely to deceive and are apt to, to cause the consumer to take a transactional decision, he would not have taken otherwise. Art. 2 BUCHST. k this ...

+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)...

+Warning
05th Jun 2013
Shall submit to the Federal Court of Justice of the European Union prior to the rights issue of admissibility framing – Youtube promotional film about water filtration systems “The reality”

Shall submit to the Federal Court of Justice of the European Union prior to the rights issue of admissibility framing – Youtube promotional film about water filtration systems “The reality”

Press release of the Federal Court No.. 090/2013 from 16.05.2013 Shall submit to the Federal Court of Justice of the European Union to the question of the admissibility of copyright “Framing” our There u.a. I responsible for copyright. Civil Senate of the Bundesgerichtshof has referred the matter to the Court of Justice of the European Union, whether the operator of a website penalized for an infringement of copyright, if he copyrighted content, which are publicly available on other websites, by means of “Framing” integrates into its own website. The applicant, manufactures and sells water filtration systems, made for advertising purposes a about two minutes long film entitled “The reality” manufacture, which deals with water pollution. It is the proprietor of the exclusive utilization rights to this film. The film was –...

+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
09th May 2013
“Internet radio” anticompetitive, is payable because of the Lifestream GVL tariff

“Internet radio” anticompetitive, is payable because of the Lifestream GVL tariff

The statement brings in the relevant public the impression, that Internet radio operators by virtue of a license from the S… ability to emit and the technical infrastructure of the defendant Internet Radio in Germany, arise without the payment obligations inter alia to the applicant and the position taken by their performers and phonogram producers. In fact, however, leads to internet radio operator in Germany, such a payment obligation under § § 78 Abs. 2 No.. 1, 86 Copyright Act. The question, whether in cross-border issues arising from performance rights are, directed according. Art. 8 VO 864/07 under the law of the country, is sought for the legal (Land protection). The legal protection of the country also determined, welche Handlungen als Verwertungshandlungen unter ein von ihm anerkanntes Schutzrecht fallen...