Media law

Negative evaluation on the Internet - inadmissible without business relationship

At least that's how the Higher Regional Court of Stuttgart saw it (judgment of 31.08.2022, Ref. 4 U 17/22). We repeatedly represent companies that have been wrongly rated, for example because the facts were incorrect or the criticism was no longer factual. What happened The Higher Regional Court of Stuttgart has now ruled on a case in which ...

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Sponsoring: Advertising consent for emails (Part II)

In competitions, especially on the internet, participants' data is often (also) collected in order to pass this data on to third-party companies (sponsors or cooperation partners). This data of the consenting person is then "bought" by the sponsors or cooperation partners in order to send advertising emails to these persons. Now the question arises: Can a third-party company even access a purchased ...

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Digital market regulation - America suddenly thinks differently

A look across the pond For a long time, there was no real "regulation" of the digital market in the United States of America, or it was characterized by the market-dominating "BigTech". For years, Amazon, Apple, Google, Meta and Microsoft could do as they pleased in the "digital markets". Now "BigTech" has become the focus of market ...

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IT law cloud: Placement of advertisements is a contract for work, BGH 22.3.2018

The parties to the dispute had concluded an agreement according to which the advertising agency was to place ads on the Internet. The client objected that this contract was invalid because the agreement did not contain any statements about the advertising effectiveness of the ads. The BGH ruled: The contract is to be qualified as a contract for work. For people who are familiar with the decisions ...

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Internet law: BGH creates new legal risks for framing

Framing - i.e. embedding third-party web content via corresponding hyperlinks on your own website - has repeatedly occupied the courts in recent years. The European Court of Justice had actually rejected the very strict line taken by the Federal Court of Justice. Now, however, the highest German court has again come to an assessment with a new reasoning, ...

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Internet law: Copyright notice directly in the image file probably not required after all

A ruling by Cologne Regional Court caused a stir in winter 2014. The court ruled that a separate copyright notice was required when using images from the pixelio database, even if the image was accessed by right-clicking under its own URL. In the appeal instance, the Higher Regional Court of Cologne stated that it ...

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Internet law: Requirements for Facebook imprint

If companies use social networks such as Facebook - also - for commercial purposes, the mandatory information under the German Telemedia Act (TMG) must also be made available on this website. The Regional Court of Düsseldorf now had to decide whether and under what conditions a link to the company website can be sufficient for this purpose (judgment of 13.08.2013 - I-20 U ...

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Competition law: Inadmissibility of mass warnings

Reliable as the ebb and flow of the North Sea, the waves of warnings are sweeping through Germany. As justified as warnings may be in individual cases when it comes to punishing anti-competitive behavior by competitors, the tendency for some companies to make it an end in itself to harass other market participants is just as annoying. To protect against such waves of warnings, the OLG ...

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Internet law: Internet providers must block illegal content

A bombshell from Luxembourg: The ECJ has ruled that internet access providers (e.g. Deutsche Telekom) are obliged to block content on the internet that infringes copyright (judgment of 27.03.2014 - C-314/12). The consequences of the ruling cannot yet be definitively foreseen, but the judgment represents a significant encroachment on the freedom of the internet. The subject of the proceedings were - again ...

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Competition law: Pharmaceutical advertising via Adwords ads

Google AdWords ads are generally also permitted for medicinal products. However, the keyword-type advertising spaces must contain a link that refers to the mandatory information required under the German Drug Advertising Act (HWG). These must be easily legible under the displayed link without any further intermediate steps. This was decided by the BGH (judgment of 06.06.2013 - I ZR 2/12). In doing so, the BGH ...

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