Telemarketing calls are not consented with the mere participation in a lottery

Publication date: 03/05/2011

14628 times read
 :: 8082 Votes  

Judgement of the OLG Stuttgart (Higher Regional Court Stuttgart) of 11/11/2010, file number: 2 U 29/10

Consumers who provide their telephone number in a lottery do not automatically consent to telemarketing calls. In case that that consent is separately asked does not change anything since it cannot be assumed that the participant signs up with his real name. According to this, there is no effective consent. The burden of proof for the evidence that the participant of the lottery has given his real name shall be carried by the one who performs the marketing call. Shifting of the burden of proof would only happen in case that the data is not freely...

Category: Internet Law, Telephone Advertising, Consumer Law, Advertising Law, Entscheidungen

Obligation to indicate the delivery costs to every country

Publication date: 02/05/2011

10860 times read
 :: 6788 Votes  

Judgement OLG Hamm (Higher Regional Hamm) of 01/02/2011, file number: I-4 U 196/10

Online shops operators have to specify on their website the delivery costs to each supplying country. An indication on the website stating that the customer will be notified on request about the actual shipping prices is not enough.

Category: Internet Law, Duty to Inform, Unfair Competition Law, Consumer Law, Top Decisions, Entscheidungen

Personal rights are not violated due to the lack of recognisability

Publication date: 09/03/2011

34488 times read
 :: 12362 Votes  

Judgement of AG Kerpen (Local Court Kerpen) of 04/11/2010, file number: 102 C 108/10

If footage of a traffic accident is available on the Internet, no consent is necessary for the publication if the people involved cannot be recognised. A visible licence plate number is not a decisive factor since this identifies the vehicle, not the driver. In case that the recognition is only based on the particular means of transport in relation with local conditions, as in the reported incident, the publication does not constitute any infringement of personality rights.

Category: Internet Law, Personality Right, Media Law, Film Law, Entscheidungen

Obligation of the provider to inform about high costs incurred when connecting to the Internet using the cell phone

Publication date: 21/02/2011

12510 times read
 :: 7419 Votes  

Judgement of LG Münster (Regional Court Münster) of 18/01/2011, file number: 06 S 93/10

A cell phone service provider must inform the customer about the risk of the high costs, which may occur using the WAP and Internet connections with his cell phone and about the benefits of using a flat rate. This is especially important when the cell phone has already navigation software that enables significant volume traffic.

Category: Internet Law, Telecommunication law, Consumer Law, Entscheidungen

“Advertising material and flat rental fee” of a car dealer

Publication date: 14/02/2011

13490 times read
 :: 8862 Votes  

Judgement of BGH (Supreme Court) of 13/01/2011, file number: III ZR 78/10

If a vehicle owner commissioned a car dealer for a commission with the sale of his vehicle, he must not pay an additional fee for the allocation and advertising of the vehicle. A contractual agreement to that effect is invalid, since it disadvantages the contractor unreasonably. He does not receive anything in return, the expenses for the successful presentation serve the interest of the dealer to come quickly to mediation and these are already included in the commission.


Category: General Terms Law, Consumer Law, Law on Sales, Entscheidungen

Satirical site concerning own employer is not a reason for dismissal

Publication date: 08/02/2011

12426 times read
 :: 7915 Votes  

Judgement of LAG München (Higher Labour Court Munich) of 26/08/2010, file number: 4 Sa 227/10

Provided that an employee creates a satire site based on the basic division of the former website of his employer and whose origin can only be identified by insiders, an extraordinary dismissal is not allowed. Even with remarkable audacity, lack of design imagination and lack of awareness of potential risks of defamation during the creation of the satire, this is principally protected by the freedom of expression. Although insiders may indicate the describing and supposed conditions as an offence against the employer, this does not carry any repercussion....

Category: Internet Law, Labour Law, Entscheidungen

FOCUS and CHIP: Surrounded by Facebook – Interview with certified lawyer Hagen Hild

Publication date: 27/01/2011

10704 times read
 :: 6162 Votes  

Interview with certified lawyer Hagen Hild about the topic: “Surrounded by Facebook”, published on FOCUS online on January 7, 2011 and in CHIP 02/2011 edition.

Category: intern, Interviews, Internet Law, Data Protection

Certified lawyer Hagen Hild as a lecturer in IT Law at the University of Augsburg

Publication date: 27/01/2011

21862 times read
 :: 14801 Votes  

In the two-day event “IT Law – organise and manage contents, communication and business legally steady on the Internet” within the lecture series “JuraBasics – Law for non-lawyers” of the University of Augsburg, certified lawyer Hagen Hild will impart practise-oriented knowledge. Lawyer Hild is a certified lawyer in IT-Law and in Protection of Industrial Property and daily advises clients in this area for almost 10 years. The event will take place on Friday 16/07 and Saturday 17/07 from 9 am to 5:30 pm.

Category: intern, IT Law, Internet Law, eBay Law, General Terms Law, Advertising Law, Unfair Competition Law

Chip: Surrounded by Facebook – Interview with certified lawyer Hagen Hild

Publication date: 27/01/2011

11129 times read
 :: 6823 Votes  

Interview with certified lawyer Hagen Hild about the topic: “Surrounded by Facebook”, published in CHIP 02/2011 edition.

Category: intern, Interviews, Internet Law, Data Protection

DL-InfoV (German Ordinance on the duty to inform of the service companies): New duty to inform of the IT-Freelancer – Article written by lawyer Hagen Hild for IT-FREELANCER MAGAZIN

Publication date: 27/01/2011

9679 times read
 :: 6518 Votes  

The German Ordinance on the duty to inform of the service companies (DL-InfoV) came into force on May 17, 2010. DL-InfoV applies for all service companies and IT-freelancers and involves numerous new duties to inform. You may read the article written by certified lawyer Hagen Hild about this topic for the “IT Freelancer Magazin” on the February / March edition.

Category: intern, Interviews, Internet Law, IT Law, Duty to Inform

Expression of opinion or insulting criticism in the political discourse?

Publication date: 25/01/2011

13339 times read
 :: 9037 Votes  

Judgement of LG Lübeck (Regional Court Lübeck) of 28/10/2010, file number: 14 S 135/10

In order to assess whether a statement is a statement of fact or an expression of opinion, the context has to be considered. It has also to be considered whether the statement falls within the scope of a political discourse. Participants of a political battle of opinions must tolerate statement that, isolated, would approach the limit of insulting criticism.

Category: Personality Right, Media Law, Press Law, Entscheidungen

As Internet connection holders, parents are liable for their (teen) children

Publication date: 12/01/2011

62560 times read
 :: 25732 Votes  

Decision of LG Köln (Regional Court Köln) of 01/12/2010, file number: 28 O 594/10

According to the Regional Court of Cologne, the fact of the regular reporting should have met the public consciousness that, by handing over an Internet connection to thirds, right infringements are not implausible. Therefore, parents must ensure, through consistent performance of their duties, that copyright infringements do not occur.

Category: Internet Law, File Sharing, Liability, Media Law, Music Law, Copyright Law, Entscheidungen

Prohibition of chargeable poker games on the Internet

Publication date: 19/11/2010

9879 times read
 :: 5987 Votes  

Decision of VG Wiesbaden (Administrative Court Wiesbaden) of 12/08/2010, file number: 5 L 142/10.WI

Public gambling is not allowed in Germany without the competent authority’s permission. Since poker is to be considered as gambling in accordance with the majority view, the organizing of chargeable poker games on the Internet is forbidden and falls within the scope of the gambling treaty and the gambling laws of the country. The parties concerned should decide the corresponding prohibition order in detail. 

Category: Internet Law, Gambling Law, Entscheidungen

GEZ employees effectively banned from the premises

Publication date: 19/11/2011

15947 times read
 :: 9803 Votes  

Judgement of AG Bremen-Blumenthal (Local Court Bremen-Blumenthal) of 23/08/2010, file number: 42 C 43/10

Property owners may restrain GEZ employees from unreported and unauthorised trespassing and, GEZ employees may also be banned from premises. This could happen provided that the GEZ employees’ purpose is obtaining the necessary information to collect the license fee. GEZ is not entitled to get any other information as the stated on the broadcasting contract. In case that the ban from the premises is infringed, the property owner’s privacy may be violated.

Category: Media Law, Broadcasting Law, German TV and Radio Licensing Office, Personality Right, Entscheidungen

YouTube liable copyright infringement through video clips

Publication date: 25/10/2010

13405 times read
 :: 6898 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 03/09/2010, file number: 308 O 27/09

YouTube is liable for the contents of videos anonymously uploaded, which infringes the copyright law. This follows from the principle “to make one’s own” foreign contents since from the point of view of an objective observer, the videos can be understood as from the internet platform itself. 

Category: Internet Law, Liability, Media Law, Top Decisions, Entscheidungen, Judgements

Credit- and cash cards fees settled by airlines are not permitted

Publication date: 25/10/2010

27389 times read
 :: 14373 Votes  

Judgement of BGH (Supreme Court) of 20/05/2010, file number: Xa ZR 68/09

a) Following clause, found in the general terms and conditions of an airline, which offers its services almost exclusively as distant sales, has been reviewed:

“Since security and administrative costs have increased, Ryanair will not accept any cash payments for the tickets, fees and costs for the excess luggage and sport equipment.”

b)  Following clause of the general terms and conditions of a company of that kind disadvantages the passenger inappropriately, contrary to the principle of equity and good faith and is, therefore, invalid:

"(1) credit card fee per...

Category: General Terms Law, Long Distance Sales Act, Consumer Law, Unfair Competition Law, Entscheidungen

Our terms and conditions also in FOCUS Magazine

Publication date: 23/08/2010

28786 times read
 :: 17369 Votes  

The computer magazine CHIP recently published our large terms and conditions test, in which lawyer Hagen Hild (Terms and Conditions Law) and lawyer Martin Bachmann (Privacy Policy) examined dozens of terms of use, licence agreements and privacy policies of the major providers such as Microsoft, Google and Facebook. This study has now been mentioned in the FOCUS magazine.

Category: intern, Interviews, General Terms Law, Data Protection, Internet Law, IT Law, Consumer Law

CHIP – important Terms and Conditions Check with lawyer Hild

Publication date: 06/08/2010

179519 times read
 :: 22518 Votes  

Important Terms and Conditions Check and interview with lawyer Hild in the CHIP September 2010 edition

“Im AGB-Dschungel” (“In the jungle of Terms and Conditions”) is the title of the wide terms and conditions check of CHIP. The law firm Hild & Colleagues has checked, for the well-known computer magazine CHIP, hundreds of pages containing terms and conditions, terms of use, licence agreements and privacy policies in the field of Internet and IT. The law firm has also legally tested numerous clauses for CHIP. For this purpose, certified lawyer Hagen Hild (certified lawyer in IT-Law and certified lawyer in Protection of Industrial Property) has analysed...

Category: intern, Interviews, General Terms Law, Data Protection, IT Law, Internet Law, Consumer Law

The right of withdrawal in case of railway tickets sale on the Internet

Publication date: 30/07/2010

21719 times read
 :: 11503 Votes  

Judgement of OLG Frankfurt / Main (Higher Regional Court Frankfurt / Main) of 15/04/2010, file number: 6 U 49/09

Consumers have basically a right of withdrawal from distance contracts.  This excludes, however, and according to § 312 b paragraph 3 BGB (German Civil Code) services related to carriage in case that this service should be provided within a defined period. With this exceptional rule, entrepreneurs should not be disproportionately burdened. In case that a buyer purchases a train ticket over the Internet and he has the possibility to make two single train journeys with this ticket within 11 weeks, than this exceptional rule would be...

Category: Internet Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Consumer Law, Entscheidungen

Excessive private emailing justifies extraordinary dismissal

Publication date: 23/07/2010

22441 times read
 :: 8642 Votes  

Judgement of LAG Niedersachsen (Higher Labour Court Niedersachsen) of 31/05/2010, file number: 12 Sa 875/09

When an employee reads and writes private e-mails during the working hours and over a longer period – on several days even in such a time frame that it could suggest that no time is left for the job completion –, this excessive private emailing justifies an extraordinary dismissal without previous warning.

Category: Labour Law, Internet Law, Entscheidungen
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