Current articles on Digital & analog, IT law, copyright, e-commerce

3. Jun 2015 Planning for new Interstate Treaty on the Protection of Minors in the Media (JMStV)

The protection of minors on the internet is to be revised - again. According to reports, the federal states are currently planning an online survey to be carried out this month (June 2015).

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 Lawsuit due to use of the Facebook button

The consumer association Verbraucherzentrale Nordrhein-Westfalen e.V. has issued warnings to various companies for using the official Facebook button ("Like"). Legal action was taken against Peek & Cloppenburg and Payback. The complaint alleges a breach of data protection law because the Facebook plugin is loaded by Facebook every time a page is accessed, Facebook therefore receives the information about the page view and can therefore create a "movement profile". We have already pointed out the possible data protection violation in the consultation and suggested technical alternatives.

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 Consumer Dispute Resolution Act is coming

The Federal Cabinet has agreed on a draft Consumer Dispute Resolution Act (VSBG-RegE), which is intended to implement an EU directive.

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 OLG Frankfurt a. M.: Withdrawal period may be extended to one month

In itself a matter of course: the statutory right of withdrawal of fourteen days can be voluntarily extended to one month.

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 AG Dortmund: Right of withdrawal also for individually configured sofa

The online shop operator offers individually configurable sofas. The sofas are only manufactured after the order has been placed, which is why the online shop operator excluded the right of withdrawal due to individual customer selection. The plaintiff consumer selected the color and position of the reclining element of a sofa and placed an order. The entrepreneur manufactured the sofa and delivered it. The consumer withdrew the following day.

Digital & analog, IT law, copyright, e-commerce
5. May 2015 LG Hamburg: Adblock Plus permissible under competition law

The Adblock Plus browser plugin can be used to prevent websites from displaying advertisements. This deprives website operators of advertising revenue. Adblock Plus was also recently criticized because certain advertisements were approved as "non-intrusive".

Digital & analog, IT law, copyright, e-commerce
5. May 2015 German government plans fixed book prices for e-books too

According to the Book Price Fixing Act, new, i.e. unused, books may only be sold at the prices previously set by publishers, among others. Unlike with most other products, individual retailers are therefore prohibited from setting any price they wish.

Digital & analog, IT law, copyright, e-commerce
5. May 2015 OLG Hamburg: Ban on the resale of e-books permissible

According to the Higher Regional Court of Hamburg, an online retailer can contractually prohibit customers from reselling "used" e-books and audio books (case no. 10 U 5/11).

Digital & analog, IT law, copyright, e-commerce
5. May 2015 OLG Hamm: Cancellation policy must contain telephone number

Before the major e-commerce reform in June 2014, it was possible to issue a warning if a telephone number was stated in the withdrawal policy.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 EU: New General Data Protection Regulation

A new General Data Protection Regulation (GDPR) is still in preparation.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 BGH: Threat of Schufa entry prohibited

If a debtor does not pay, they are threatened with further steps. It is common to set payment deadlines and threaten legal action.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 BGH: No obligation to check user comments in advance

The HolidayCheck Internet portal allows hotels to be rated.

Digital & analog, IT law, copyright, e-commerce

1
2
3
4