interviews certified lawyer Hagen Hild

Publication date: 06/03/2013

37317 times read
 :: 21159 Votes interviews on February 27, 2013 certified lawyer Hagen Hild about the topic: “Kabel BW:  is a price adjustment clause in the Terms and conditions legally effective?”.

Category: General Terms Law, Industrial Property Protection, intern, Interviews, Telecommunication law, Unfair Competition Law, Price Quotation, Economy + Labour & Taxes

Unfair terms and conditions clauses - CHIP interviews certified lawyer Hagen Hild

Publication date: 10/02/2012

36565 times read
 :: 21353 Votes  

Do you really think that Apple, Facebook and 1&1 have nothing in common? They do – unfair terms and conditions clauses. CHIP has revealed together with lawyer Hagen Hild those cases.

Category: General Terms Law, Amazon, eBay Law, Long Distance Sales Act, Consumer Law, intern, Interviews, social network service, Facebook, Telecommunication law

Vodafone printed invoice costs € 1.50 since February

Publication date: 31/01/2012

30089 times read
 :: 17685 Votes interviews certified lawyer Hagen Hild about the topic: „Vodafone printed invoice costs € 1.50 since February“.

Category: General Terms Law, Telecommunication law, intern, Interviews, Consumer Law

NJW decision of the week: 1.800 calls allegued while driving a bus

Publication date: 18/10/2011

20308 times read
 :: 12455 Votes  

Certified lawyer Julian Modi, LL.M. has reached the decision in the Local Court Dachau on August 16, 2011, ref.: 2 C 1423/11, which has been published as the decision of the week in the legal magazine NJW – issue 42/2011.

Category: intern, Interviews, Procedural Law, Telecommunication law, Value-added-service, Consumer Law, Judgements, Entscheidungen

Recent developments of Internet criminal law 1/2011 – part 1/3

Publication date: 04/07/2011

30838 times read
 :: 18378 Votes  

According to the recently published police criminal statistics of the year 2010, the number of the recorded crimes regarding computer and Internet criminality has continued to grow strongly. 60.000 cases have been known last year, 20 percent more than a year before. The estimated high number of unknown and not registered crimes should not be underestimated. The increasing number of criminals feel safe from the law within the supposedly anonymous “legal vacuum” Internet.

Category: Article, Internet Law, Internet Penal Law, Telecommunication law, General Terms Law, Data Protection, Consumer Law, Entscheidungen

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

Publication date: 08/06/2011

36953 times read
 :: 23309 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

SIM card may be blocked by the mobile operator when the account is in arrears of over € 75

Publication date: 21/02/2011

20551 times read
 :: 13071 Votes  

Press release of BGH (Supreme Court) No. 31/2011 about the judgement dated 17/02/2011, file number: III ZR 35/10

The clause on the general terms and conditions of a mobile operator stating that the SIM card will be blocked as soon as the customer has an outstanding payment of € 15.50, disadvantages the customer in an inappropriate manner. According to the legal regulation regarding the fixed network connection (§ 45k para. 1 TKG – German Telecommunication Act) a SIM card should not be blocked before the customer has an outstanding payment of over € 75.

Category: Telecommunication law, Consumer Law, General Terms Law, Press Releases, 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

14977 times read
 :: 9271 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

Deactivation of a value-added service due to the prolonged price announcement

Publication date: 16/02/2011

6794 times read
 :: 4760 Votes  

Press release of the VG Köln (Administrative Court Cologne) of 14/02/2011, file number: 1 L 1908/10

The deactivation by the Federal Network Agency of an information service that offered, on private request, information and dial switching charging € 1.99 per minute and which price announcement lasts 1:47 minutes, is legitimated. Unacceptable high costs are generated to the caller resulting to the long price announcement. Such an announcement should be much shorter.

Category: Telecommunication law, Value-added-service, Press Releases, Entscheidungen

Fees re-adjustment for mobile calls in other EU countries

Publication date: 29/07/2010

10609 times read
 :: 7497 Votes  

Press release of the Federal Network Agency dated 30/06/2010

Only a month ago, the European Court has decided that the regulation 717/2007 of the European Parliament about the regulation of roaming fees in other European countries, is legal. Since 1st July 2010, the roaming costs for mobile calls have been again reduced. Consumers pay a maximum of 39 cent/minute for outgoing calls in other EU country, a maximum of 15 cent/minute for incoming calls and not more than 11 cent for text messages (all prices excl. VAT).

Category: Telecommunication law, Consumer Law, Press Releases, Entscheidungen

Confirmation SMS are not junk mail

Publication date: 19/07/2010

20825 times read
 :: 13623 Votes  

Judgement of AG Berlin-Mitte (Local Court Berlin) of 12/01/2010, file number: 14 C 1016/09

Provides a mobile service to its users the possibility to register the cell number in order to apply for offered services and a confirmation short message follows after mentioned application, this SMS cannot be considered as a junk mail. The SMS has no sales promotion purpose but fulfils the information duty.

Category: Advertising Law, Unfair Competition Law, Bothersome Ads, Telecommunication law, Consumer Law, eMail Advertising, Fax Advertising, Telephone Advertising, Entscheidungen

1&1: Questionable data clause by online order

Publication date: 24/02/2010

20574 times read
 :: 15087 Votes  

Interview dated February 22, 2010 with lawyer Hagen Hild about the topic: "1&1: Questionable data clause by online order".

Category: Interviews, intern, Internet Law, Data Protection, Telecommunication law, Consumer Law

Rejected constitutional complaint against legally existing age verification obligation

Publication date: 22/10/2009

22303 times read
 :: 11579 Votes  

Decision of the BVerfG (Federal Constitutional Court) of 24/09/2009, file numbers: 1 BvR 1231/04, 1 BvR 710/05, 1 BvR 1184/08

According to § 184 d StGB (Penal Code), suppliers of pornographic contents are responsible for ensuring through technical precautions that the pornographic content is not accessible for people under 18s. The age verification obligation is not inapplicable to protect minors against the negative influence of pornographic contents since these are freely available on the internet.  A law is already adequate to reach the aimed purpose when the reaching purpose is promoted.

Category: Internet Law, Internet Penal Law, Youth Protection, Media Law, Telecommunication law, Entscheidungen

Unacceptable terms and conditions clauses of mobile phone providers

Publication date: 07/10/2009

9799 times read
 :: 6872 Votes  

Decision of OLG Schleswig-Holstein (Higher Regional Court Schleswig-Holstein) of 14/05/2009, file number: 6 U 41/08

A terms and conditions clause which enables a mobile phone provider to change clauses before the contract period expires is ineffective. Moreover, also an inadmissible clause is the one which allows the provider to block the connection, immediately and without previous notice, in case of default. Terms and conditions should not cause disproportionate disadvantages for the customers.

Category: General Terms Law, Telecommunication law, Entscheidungen

Publication of the fax number means no approval for fax advertising

Publication date: 06/07/2009

32550 times read
 :: 16727 Votes  

Judgement of OLG Hamm (HRC Hamm) of 13/11/2008, file number: 4 U 150/08

If a company arranges a fax number, i.a. for the customer's contact and publishes on own homepage, no approval can be understood for the sending of advertisement by fax. Rather, strict demands should be made for the presentation of such an approval, this approval must be given before sending the concerning fax and just for the concrete case. Otherwise this kind of advertisement means an unfair competition misfeasance.

Category: Telecommunication law, Advertising Law, Unfair Competition Law, Bothersome Ads, Fax Advertising, Entscheidungen

Cancellation of the UMTS licence for the Quam GmbH is lawful

Publication date: 02/07/2009

31204 times read
 :: 13408 Votes  

Press release of OVG Nordrhein-Westfalen (Higher Administrative Court Nordrhein-Westfalen) of 30/06/2009, file number: 13 A 2969/07

The higher administrative court has decided in a current judgment that the cancellation of the UMTS licence auctioned by the Quam GmbH (plaintiff) in summer 2000 is lawful, since the Quam GmbH has not fulfilled the conditions engaged in the buying at an auction. For this reason, they cannot demand the surcharge price of approx. 8.5 milliard euros back.

Category: Telecommunication law, Media Law, Press Releases, Entscheidungen

A single meeting between competitors may constitute a concerted practice in breach of antitrust law

Publication date: 02/07/2009

14352 times read
 :: 9707 Votes  

Judgement of EuGH (European Court of Justice) of 04/06/2009, file number: C-8/08

A single meeting between competitors may constitute a concerted practice in breach of antitrust law, also if there is no actual prevention, restriction or distortion of competition. A concerted practice pursues an anti competitive object for the purposes of Article 81(1) EC where, according to its content and objectives and having regard to its legal and economic context, it is capable in an individual case of resulting in the prevention, restriction or distortion of competition within the common market.

Category: Telecommunication law, Anti-Trust Law, Entscheidungen

End of „roaming rip-off“: From July 1st, 2009, cost of texting, calling, surfing the web abroad in the EU slashes thanks to EU action

Publication date: 02/07/2009

11151 times read
 :: 7625 Votes  

EU press release of 01/07/2009, IP/09/1064

New EU roaming rules coming into effect this month, should cut roaming charges for EU consumers by 60% and increase mobile phone use. From now on, sending a text message from abroad in the EU costs a maximum €0.11. Roaming calls will be also cheaper: Outgoing roaming calls will not cost more than €0.43 per minute, and incoming calls will not cost more than €0.19.

Category: Telecommunication law, Consumer Law, Press Releases, Entscheidungen

Unilaterally "eavesdropped"

Publication date: 15/06/2009

8958 times read
 :: 5703 Votes  

Judgement of OLG Brandenburg (HRC Brandenburg) of 30/04/2009, file number: 12 U 196/08

Listening of telephone calls by thirds, without the interlocutor knowing about it, hearing of the thirds as witnesses and the exploitation of the statement injure the constitutional-juridical guaranteed right to own spoken word as a part of the personal right. The protection is cancelled if undesirable listeners are overlooked in immediate nearness or the volume is wrong estimated. If the witness states, however, alone about the listened words of the caller, the rights of the called are not injured.

Category: Telecommunication law, Entscheidungen

Unexpected high expenses using Internet though a mobile phone – No duty to warn

Publication date: 12/06/2009

14577 times read
 :: 8925 Votes  

Judgement of LG Bonn (Regional Court Bonn) of 08/05/2009, file number: 10 O 395/08

In the conclusion of a mobile contract, the customer shall make clear his interest in different rate models for Internet use on the mobile phone. In case of excessive use and thereby high expenses, he cannot appeal to wrong consultation and refuse the payments. The mobile phone provider does not have any duty to inform about the price models and option in which the customer has not shown any recognizable interest during the contract conclusion.

Category: IT Law, Telecommunication law, Entscheidungen
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