website on the net is required to observe nowadays countless laws and regulations. Otherwise it may happen that you find an expensive warning in the letter box.
Especially if you sit for a competitive keyword to the top, it can happen that a disgruntled competitor takes this opportunity to search for specific listings on the site violations.
The following items do not claim to be exhaustive and do not constitute legal advice and They are only intended to provide basic knowledge and serve as food for thought, which - according to the website - could be to consider everything.
All information without guarantee and subject to error. For full legal security is advisable to visit the relevant legal portals or a consultation with a lawyer.
Information requirements
An imprint ("Affiliates") is mandatory for almost all sites. The minimal version includes name, address (no PO boxes!), Email address and telephone number of the website operator.
(The European Court has ruled as of 16.10.2008, that a phone number is not absolutely necessary, if other means of communication enable a quick and direct contact.)
For companies, shops and certain professional groups have additional mandatory, eg
Legal form of the company (for example GmbH, e.K., ...)
Register / Registration Number (if registered in trade, association, partnership or cooperative register)
VAT registration number (if available)
for regulated professions: Information on Occupation, the State in which it was awarded, the competent authority / chamber and a link to the Professional Code.
Unlike the Tax ID number is the normal tax not to mandatory.
The imprint must be easily accessible. Recommended is a clearly visible link on every page. The link should be accessible without having to scroll.
The imprint was "legal" to be nominated, but not necessarily. Mandatory data can also be stored under "Contact".
In foreign texts and images (including maps!) Is generally assumed that these are copyrighted. Foreign sources should therefore be used only if the use is expressly permitted.
See also: Content Theft
Linking external sites
Regularly check the sites you have linked to the quality and legality.
The well-known link disclaimer ("I dissociate myself ..."), you can omit the other hand confidently. He does not relieve you of your duty of care nor your liability regarding the linking of illegal contents.
See also: "No warning without previous contact" - Learn about the new Disclaimer
Domain Registration
Make sure that your domain name does not infringe the name or brands of third parties.
Note: Industry + city domains are no longer abmahngefährdet!
The OLG Hamm decided in June 2008 that a domain name alone is not suitable to retain a top position. Domains form www.BRANCHE-STADT.de are therefore no longer anti-competitive per se, is a risk of a warning for unfair advertising seems spellbound.
Source / Detailed information: No top position solely by advertising domain
Privacy Policy
If the users of your website data is stored, it may be necessary to define a privacy policy.
Comments from users
If visitors have the opportunity to make a statement on your site (eg, forum, blog, guestbook), stick with for their comments. Regular inspections are therefore necessary and reasonable.
Online Stores
There are many things to be observed and thus many pitfalls:
Prices (taxes, shipping costs, basic prices, comparison of prices, possibly price maintenance)
Indication of delivery times
Conditions (new pattern from the 08/04/2011!)
Warranty, Warranty, Warranty
Terms of Service
Trademark
Competition Law
Excellent compilations on e-commerce law, visit the following sites:
Leaflet law Secure online store (IHK Hannover)
Checklist Online Store (BITKOM) [download link on the right side]
Warning received - what then?
If it should happen but you can get a warning:
the single most important advice, because I can give you is to ignore the warning, in any case! Even with the elimination offense alone is not enough!
If the warning is justified and, during the period not desist,will propose next the court for an injunction. And so the matter for you to end up being much more expensive.This does not mean that you simply have to accept the warning, without resistance. But you should ignore them in any way.
Especially if you sit for a competitive keyword to the top, it can happen that a disgruntled competitor takes this opportunity to search for specific listings on the site violations.
The following items do not claim to be exhaustive and do not constitute legal advice and They are only intended to provide basic knowledge and serve as food for thought, which - according to the website - could be to consider everything.
All information without guarantee and subject to error. For full legal security is advisable to visit the relevant legal portals or a consultation with a lawyer.
Information requirements
An imprint ("Affiliates") is mandatory for almost all sites. The minimal version includes name, address (no PO boxes!), Email address and telephone number of the website operator.
(The European Court has ruled as of 16.10.2008, that a phone number is not absolutely necessary, if other means of communication enable a quick and direct contact.)
For companies, shops and certain professional groups have additional mandatory, eg
Legal form of the company (for example GmbH, e.K., ...)
Register / Registration Number (if registered in trade, association, partnership or cooperative register)
VAT registration number (if available)
for regulated professions: Information on Occupation, the State in which it was awarded, the competent authority / chamber and a link to the Professional Code.
Unlike the Tax ID number is the normal tax not to mandatory.
The imprint must be easily accessible. Recommended is a clearly visible link on every page. The link should be accessible without having to scroll.
The imprint was "legal" to be nominated, but not necessarily. Mandatory data can also be stored under "Contact".
In foreign texts and images (including maps!) Is generally assumed that these are copyrighted. Foreign sources should therefore be used only if the use is expressly permitted.
See also: Content Theft
Linking external sites
Regularly check the sites you have linked to the quality and legality.
The well-known link disclaimer ("I dissociate myself ..."), you can omit the other hand confidently. He does not relieve you of your duty of care nor your liability regarding the linking of illegal contents.
See also: "No warning without previous contact" - Learn about the new Disclaimer
Domain Registration
Make sure that your domain name does not infringe the name or brands of third parties.
Note: Industry + city domains are no longer abmahngefährdet!
The OLG Hamm decided in June 2008 that a domain name alone is not suitable to retain a top position. Domains form www.BRANCHE-STADT.de are therefore no longer anti-competitive per se, is a risk of a warning for unfair advertising seems spellbound.
Source / Detailed information: No top position solely by advertising domain
Privacy Policy
If the users of your website data is stored, it may be necessary to define a privacy policy.
Comments from users
If visitors have the opportunity to make a statement on your site (eg, forum, blog, guestbook), stick with for their comments. Regular inspections are therefore necessary and reasonable.
Online Stores
There are many things to be observed and thus many pitfalls:
Prices (taxes, shipping costs, basic prices, comparison of prices, possibly price maintenance)
Indication of delivery times
Conditions (new pattern from the 08/04/2011!)
Warranty, Warranty, Warranty
Terms of Service
Trademark
Competition Law
Excellent compilations on e-commerce law, visit the following sites:
Leaflet law Secure online store (IHK Hannover)
Checklist Online Store (BITKOM) [download link on the right side]
Warning received - what then?
If it should happen but you can get a warning:
the single most important advice, because I can give you is to ignore the warning, in any case! Even with the elimination offense alone is not enough!
If the warning is justified and, during the period not desist,will propose next the court for an injunction. And so the matter for you to end up being much more expensive.This does not mean that you simply have to accept the warning, without resistance. But you should ignore them in any way.
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