Articles from Dr. Gerrit Hötzel

1. Jun 2016 First ordinance on the IT Security Act in force

The BSI Critical Infrastructure Ordinance (BSI-KritisV) has come into force. This specifies for some sectors (energy, food, information technology and telecommunications) when a critical infrastructure exists within the meaning of the IT Security Act. Provisions for other sectors will follow in a separate ordinance. The typical, medium-sized online store is not covered. However, companies that offer services in the areas of voice and data transmission as well as data storage and processing in particular should use the ordinance to check whether they have to comply with the requirements of the IT Security Act. Section 5 of the BSI-KritisV and its Annex 4 Part 3 are relevant in this respect.

Digital & analog, IT law, copyright, e-commerce
1. Jun 2016 Consumer Dispute Resolution Act comes into force

The Consumer Dispute Resolution Act (VSBG) has come into force.

Digital & analog, IT law, copyright, e-commerce
16. Mar 2016 BGH: Right of withdrawal also in case of misuse

BGH, judgment of. 16.03.2016, Ref. VIII ZR 146/15

Digital & analog, IT law, copyright, e-commerce
11. Mar 2016 OLG Cologne: Internet contact form without privacy policy can be warned

OLG Cologne, judgment of 11.03.2016, Ref. 6 U 121/15

Digital & analog, IT law, copyright, e-commerce
8. Jan 2016 Liability for hyperlinks

Judgment of 18.06.2015, Ref.: I ZR 74/14

Digital & analog, IT law, copyright, e-commerce
8. Jan 2016 Obligation to refer to online dispute resolution from 09.01.2016

According to Art. 14 of the Regulation on "Online Dispute Resolution in Consumer Matters" (EU Regulation No. 524/2013), store operators must add a link to the official online dispute resolution platform "easily accessible to consumers". Where the link must be inserted in order to be "easily accessible" is still unclear. Many suggest the legal notice. However, it remains to be seen whether this will be perceived as "easily accessible" by consumers. The general terms and conditions are also mentioned by some as a possible location.

Digital & analog, IT law, copyright, e-commerce
3. Dec 2015 BFH: E-Books mit 19 % zu versteuern

Der BFH hat entschieden, dass E-Books mit 19 % zu besteuern sind, Papierbücher hingegen mit 7 %.

Digital & analog, IT law, copyright, e-commerce
2. Dec 2015 When does your medical app need a CE marking in Germany? And which rules apply?

You are developing an application for a mobile phone or another stand-alone software with a medical purpose – a “medical app”. You are probably already aware that the “Medizinproduktegesetz” might apply to your medical app in Germany. But does it really? When exactly? And does it apply to the complete app or just to certain modules of your app?

Medical and social law
9. Nov 2015 Risky disclaimer in the legal notice

The disclaimer in the imprint "Content of the online offer: The author assumes no liability for the topicality, correctness, completeness or quality of the information provided." is inadmissible and liable to a warning.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 News in passing: Singing the Happy Birthday song probably not a copyright infringement after all

The well-known song "Happy Birthday to You" is protected by copyright (which is largely unknown). Any public singing of the song must therefore be remunerated.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 Obligation to take back "electronic waste" for online retailers

The new Electrical and Electronic Equipment Act (ElektroG) has recently come into force. This means that online retailers are also obliged to take back old electrical appliances. Online store operators must take back smaller appliances with an edge length of up to 25 cm free of charge and larger appliances when purchasing a new appliance. For online retailers, the take-back obligation only applies if all storage and shipping areas for electrical and electronic equipment together exceed the limit of 400 square meters. Smaller online retailers are therefore exempt from the take-back obligation.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 ECJ: Safe Harbor Agreement invalid

The ECJ has declared the Safe Harbor Agreement invalid. The general media also reported on this. The Safe Harbor Agreement is a legal construct to make the transfer of personal data to certain companies in the USA permissible. This is because every data transfer to a non-EU country requires justification under data protection law. If an online store operator therefore uses service providers in the USA, the data protection law-compliant structure should be checked. Many online store operators will be affected, for example, by the integration of Google Analytics or the operation of a Facebook fan page.

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

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