• 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
Home Law and computer games

Pokémon Go: Privacy and terms of use

23. February 2023
in Law and computer games
Reading Time: 3 mins read
0 0
A A
0
folder ga204ae0a4 1920

This is already the third article from me on the subject of Pokémon Go. But readers have to put up with that, because the game is now on everyone’s lips. And it’s successful, too. It was just announced that Pokémon Go generates more in-app purchases than all other mobile apps combined. This is already enormous and makes it pretty certain that lawyers will really have to deal with the issue soon.

At the same time, there are also more and more negative reports, in Germany from data protectionists, among others. My own opinion on this is somewhat split. While data protection should certainly be a high priority, care must be taken to make truly “fair” comparisons. For example, the well-known magazine CT published an analysis by Henry Krasemann, the head of unit at the Independent Center for Data Protection in Schleswig-Holstein. Their conclusions are quite in the approach of a little scaremongering, and especially also, not a peculiarity of Pokémon Go.

For example, there are numerous apps, services and other providers from all over the world that German consumers can use, whose T&Cs are often not effective in Germany, but which cannot be complied with with the help of the German judiciary, at least for end consumers and within a manageable cost framework. This also applies, for example, to the problem of purchasing virtual goods, which, as mentioned above, take place in large quantities in Pokémon Go. From a purely formal legal point of view, it has actually been clarified among lawyers with my area of expertise that

  1. Virtual items that have not yet been used, such as “unused boosters”, “unused virtual currency” and the like would have to be refunded at a reasonable rate if, for example, the usage agreement with the end user is terminated. In purely logical terms, this means that the provider of the online game or mobile app must provide compensation for all the monetary payments for which it has not yet provided any consideration in the form of playing time or game benefits.
  2. Invested time in Free 2 Play games is generally not replaced or does not lead to compensation.
  3. Used items whose effects have expired, also do not give rise to compensation for damages

There are many possible variations here, and in the end it all comes down to the details. However, one problem remains: asserting one’s supposed rights against the provider or enforcing them in the end. And I can tell you from my own practical experience that we already have this problem with companies within Europe. Niantic in the US is likely to act even more uncooperative here, without pressure from the press or the like.

Pokémon Go should also be compared fairly with other products when it comes to data protection. Data protection, especially with products like Pokémon Go, should also be a question of one’s own sanity and parental supervision. There’s no need to mess around with data protection agreements or anything like that. Those who are now lamenting privacy issues with Pokémon Go don’t realize that providers like Unity (who make the game engine) or analytics providers are present in the vast majority of apps, often not with “evil” intentions at all, but only to analyze things like “user experience”, “retention” or “payment fraud”. The same people who whine about Pokémon Go allow their children to constantly publish their own location with the help of the Facebook app or regularly publish their user behavior on YouTube without any control. These same people are also mostly unaware of their own data when they use an online account and disclose their payment streams or use video streaming on their smart TV, revealing their entertainment habits to providers.

Tags: AGBAnalyseConsumerDamagesFacebookKIPrivacySchleswig-HolsteinYouTube

Weitere spannende Blogposts

Facebook must delete similar, illegal content!

Publication of sales advertisements and classification as a trader
7. October 2019

EU law does not preclude a hosting provider such as Facebook from being ordered to remove comments with identical wording...

Read moreDetails

Attention regarding promises in return for retweets or the like

Attention regarding promises in return for retweets or the like
18. November 2019

The situation I have often written that, as a lawyer specialising in IT law and, in particular, as a lawyer...

Read moreDetails

ECJ: Amazon doesn’t have to offer users a phone number

Working abroad in the EU? Do not forget A1 certificate!
28. February 2019

The Federal Association of Consumer Centres and Consumer Associations, Consumer Association of the German Federal Association of Consumers, sued Amazon...

Read moreDetails

Federal Constitutional Court, File Sharing and Children

copyright
4. April 2019

The Federal Constitutional Court has accepted a constitutional appeal to the decision "Loud" of the Federal Court of Justice and...

Read moreDetails

Birthday offer: First consultation at a special price

Birthday offer: First consultation at a special price
11. December 2019

Actually, as a birthday child you get gifts. But since I am completely satisfied, I distribute presents myself until the...

Read moreDetails

Legal tech: contract generator permissible

Legal tech: contract generator permissible
7. November 2022

An electronic generator of legal documents does not violate the Legal Services Act. This was decided by the 6th Civil...

Read moreDetails

Risk of a GbR becoming an OHG

Risk of a GbR becoming an OHG
7. November 2022

As you can tell from reading my posts regularly, there are more than enough stumbling blocks to fall into legally....

Read moreDetails

No extended right of withdrawal due to missing phone number in the withdrawal policy

No extended right of withdrawal due to missing phone number in the withdrawal policy
17. May 2024

The ArnsbergCourt Arnsberg has in its judgment of 22.02.2024 (Ref. 4 O 273/23) decideddecided that the absence of a telephone...

Read moreDetails

LG Munich: The gold of the gold hare can be protected under trademark law

International trademark application at WIPO
29. October 2019

An interesting decision on trademark law has been taken by the Regional Court of Munich. After Lindt fought and lost...

Read moreDetails
Business tax

Business tax

16. October 2024

Definition and legal basis: Trade tax is a real tax levied by municipalities on the objective earning power of a...

Read moreDetails
725e2bc41287afd7230400e8f4f466aa

Ownership

10. November 2024
iStock 1208671310 scaled

Employment contract

11. April 2025
Trade custom

Trade custom

1. July 2023
lawyer is providing information about the client s 2022 10 06 05 57 37 utc

Requirements specification / specifications

26. June 2023

Podcast Folgen

Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung

Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung

19. April 2025

In dieser Episode werfen Anna und Max einen Blick auf die rechtlichen Grundlagen rund um den Einsatz von Open-Source-Software in...

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

Smart Contracts und Blockchain

22. December 2024

In dieser fesselnden Podcast-Episode tauch ich tief in die Welt der Blockchain-Technologie und Smart Contracts ein. Die 25-minütige Folge beleuchtet,...

Der IT Media Law Podcast. Folge Nr. 1: Worum geht es hier eigentlich?

Der IT Media Law Podcast. Folge Nr. 1: Worum geht es hier eigentlich?

26. August 2024

Yeah, die erste richtige Folge mit mir selbst! In diesem Podcast tauchen wir ein in die spannende Welt des IT-Rechts...

Influencer und Gaming: Rechtliche Herausforderungen in der digitalen Unterhaltungswelt

Influencer und Gaming: Rechtliche Herausforderungen in der digitalen Unterhaltungswelt

25. September 2024

In dieser fesselnden Folge nimmt Rechtsanwalt Marian Härtel die Zuhörer mit auf eine spannende Reise durch die dynamische Welt der...

  • 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?

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