Challenges to the legal conformities of a mobile website on the internet

Publication date: 08/06/2011

36998 times read
 :: 23340 Votes  

With the growing number of Smartphone users is also increasing the interest from companies to remain present in the mobile business. Applications for mobile phones - so-called apps - are already an important economic factor, which should not be underestimated. Through these apps, it is possible more than order rail tickets through mobile phones, full web pages are optimized for Smart phones including complete ordering processes. As in ecommerce, numerous statutory duties must be considered by those companies. 

Category: Internet Law, Imprint, Duty to Inform, M-Commerce, Telecommunication law, Unfair Competition Law, General Terms Law, Data Protection, Article, Entscheidungen

Imprint duty for providers of internet portals with commercial classified ads

Publication date: 19/08/2009

87845 times read
 :: 24709 Votes  

Judgement of OLG Frankfurt am Main (Higher Regional Court Frankfurt/Main) of 23/10/2008, file number: 6 U 139/08

The provider of an internet portal for free anonymous classified ads is obliged to announce the name and address of the commercial suppliers. No big measures are necessary. It is enough to inform the supplier about the imprint duty before filling his ad in order not to infringe against the unfair competition law.

Category: Imprint, Duty to Inform, Unfair Competition Law, Internet Law, Liability, Provider Liability, Entscheidungen

Imprint infringements are admonishable

Publication date: 25/05/2009

36930 times read
 :: 27697 Votes  

Judgement of OLG Hamm (HRC Hamm) of 02/04/2009, file number: 4 U 213/08

Once again a court finds out that the absence of specifications in the imprint of a web page, as for example specifications to the trade register or to the sales tax number, are reasons to warn the website operator. Such reprimandable competitive offence is no bagatelle since; thereby, the consumer misses indications which he needs in case of possible appearing problems.

Category: Warning letter, Internet Law, Imprint, Duty to Inform, Entscheidungen

Profit achievement intention not necessary to be classified as an entrepreneur

Publication date: 15/04/2009

28652 times read
 :: 17439 Votes  

Judgement of LG München I (Regional Court Munich I) of 07/04/2009, file number: 33 O 1936/08

Who buys and sells certain things which are not assigned to the everyday life, also on small scale, on eBay and also without profit achievement intention, is entrepreneur according to § 14 BGB (German Civil Code). This would be understood in particular if inspection dates have been agreed for the objects. Only low demands are to be made in this respect to the entrepreneur's quality.

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