• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel

ITMediaLaw - Rechtsanwalt Marian Härtel > Law on the Internet > Exciting decision on e-mail access in civil procedure law

Exciting decision on e-mail access in civil procedure law

23. April 2024
in Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
img HqHuCTsKH43hu6DoHh4JFcwp
Key Facts
  • Rostock Higher Regional Court decides on the provability of access to electronic messages in legal contexts.
  • Prima facie evidence of receipt of an e-mail is not recognized due to technical uncertainties.
  • Sending an e-mail does not guarantee its actual receipt by the recipient.
  • In the area of competition law, the sending of a warning is sufficient, not the receipt.
  • The case emphasizes the need for clear evidence in digital communication.
  • The use of secure means of communication and additional evidence such as acknowledgements of receipt is recommended.
  • The decision underlines the importance of precise documentation of legally relevant declarations of intent.

Background to the decision

Digital communication has become an integral part of modern legal transactions, but the question of the provability of access to electronic messages remains a legal challenge. In a world where emails, instant messages and other forms of digital communication dominate everyday life, the implications of these digital interactions on legal processes are of enormous importance. A recent decision by the Rostock Higher Regional Court (decision of 03.04.2024 – Ref.: 7 U 2/24) sheds light on this issue and provides important legal guidance. The case concerned the validity of a legally relevant declaration sent by email, the receipt of which was disputed by the recipient. The plaintiff took the view that the mere fact that the e-mail was sent and the absence of an error message indicated that it had been received by the addressee. Following this line of argument, the case posed a central question: Can the act of sending an email be considered sufficient proof of its receipt? The court’s decision brings clarity to the often confusing legal situation regarding digital communication channels and their legal recognition as evidence.

Legal assessment by the OLG Rostock

The court stated that prima facie evidence – i.e. evidence based on typical sequences of events – cannot be assumed for the receipt of an email. The Senate emphasized this:

“The Senate sees no basis for the assumption of prima facie evidence for the receipt of an email that has been sent (simply, in particular without confirmation of receipt or read receipt).”

This position is based on the prevailing opinion, which is also supported by supreme court case law and commentary in the literature. Consequently, for technical and procedural reasons, the receipt of a simple e-mail cannot be ensured in such a way that proof of receipt could be assumed.

The court went on to explain the specific nature of digital communication, which makes it difficult to provide clear evidence:

“The technical conditions of the internet and the diversity of email systems do not provide a sufficient guarantee that an email, once sent, has actually reached the recipient.”

This emphasizes the need for a critical examination of each individual case, taking into account the specific circumstances and technical details.

The court also refers to comparable case law to support its opinion:

“As has already been established in previous judgments, the fact that an email was sent from the sender’s server without an error message does not prove that it also reached the recipient’s server.”

This clarification underlines the legal challenge associated with digital messaging and makes it clear why the mere sending of an email is not considered sufficient to prove receipt.

Specific regulations in the UWG

However, it is important to note that this does not always apply, particularly in the area of competition law. According to § 13 Abs. 1 UWG, only the sending of a warning is required for it to be effective, not the actual receipt by the person being warned. This provision takes account of the fact that in certain legal constellations, proving access would cause disproportionate difficulties or unnecessarily complicate the enforcement of legal claims. In practice, this means that in the context of the UWG, the sender of a warning letter does not have to prove that the warning letter was received by the opponent, but only that it was sent.

Conclusion

This legal nuance underlines the complexity of providing evidence in digital communication and the need to be aware of the specific legal framework. The Higher Regional Court of Rostock clarifies that it cannot be inferred from a simple e-mail that it has been received by the recipient. This underlines the need to resort to more secure means of communication in legally significant cases or to use additional means of proof such as acknowledgements of receipt. In conclusion, the decision of the Higher Regional Court of Rostock is further proof of the importance of proper documentation of signatures and declarations of intent. In times of increasing digitalization, it is crucial not only to rely on the technical possibilities, but also to pay close attention to the legal framework and take appropriate precautions.

Tags: billCase lawDigitizationE‑mailMailolgServerUwgWarning

Weitere spannende Blogposts

Operator of a crowdworking platform is not to be regarded as an employer

Operator of a crowdworking platform is not to be regarded as an employer
6. December 2019

The Regional Labour Court of Munich has ruled that an agreement between a so-called crowdworker and the operator of an...

Read moreDetails

ECJ: “Address” is not e-mail address or IP address

Publication of sales advertisements and classification as a trader
7. November 2022

In the case of illegal uploading of a film to YouTube, under the IPR Enforcement Directive, the rights holder can...

Read moreDetails

Publishing contracts and recycling of code

copyright
17. October 2019

Creating and correcting publishing contracts for computer games is just as much my day-to-day business as contracts for freelancers and...

Read moreDetails

BGH refers YouTube dispute to the ECJ

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

The I. Civil Senate of the German Federal Court of Justice, which is responsible among other things for copyright law,...

Read moreDetails

“Am I fuckable?” – Women streamers should not put up with everything!

“Am I fuckable?” – Women streamers should not put up with everything!
10. February 2023

I represent a lot of streamers/influencers or the agencies and the more YouTube/Twitch or other platforms gain in importance compared...

Read moreDetails

BGH and the death blow for sampling

BGH and the death blow for sampling
7. November 2022

The Federal Court of Justice has once again ruled on the question of the conditions under which the rights of...

Read moreDetails

“Sponsored Post” is not sufficient as advertising label

Frankfurt district court a.M. softens influencer jurisdiction
7. September 2019

In this article, I have already dealt with the question of whether the term "sponsored post" is sufficient to meet...

Read moreDetails

Epic Games continues to issue warning over Fortnite

Online retailer: Notice of warranty of defects
7. November 2022

I have already reported on warnings about the Fortnite brand here. I would like to warn you once again on...

Read moreDetails

Esports facilities and alcohol?

Esports facilities and alcohol?
17. July 2019

Even if esports men are more likely to be the energy drink consumers, locations such as esports bars or LAN...

Read moreDetails
Non-Participating Preferred

Non-Participating Preferred

16. October 2024

Non-Participating Preferred, also known as Straight Preferred, is a form of preferred stock commonly used in startup and venture capital...

Read moreDetails
Film Subsidies Act (FFG)

Film Subsidies Act (FFG)

16. October 2024
Bundestag

Bundestag

30. June 2023
Step action

Step action

25. June 2023
Electronic Securities Act – eWpG

Electronic Securities Act – eWpG

28. June 2023

Podcast Folgen

legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025

In this captivating podcast episode, I take a deep dive into the world of blockchain technology and smart contracts. The...

c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

This insightful podcast episode takes an in-depth look at the startup and innovation landscape in Germany and Europe. The discussion...

4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Yeah, the first real episode with myself! In this podcast, we dive into the exciting world of IT law and...

d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 2024

In this fascinating podcast episode, we take a deep dive into the world of artificial intelligence (AI) and its impact...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung