When a handshake is not enough
In the start-up scene, it is not uncommon for services such as web design or software development to be commissioned ...
Tag: Burden of proof
OLG Hamm and e-mail
OLG Hamm: Proof of e-mail access remains a challenge In a recent ruling (case no. 26 W 13/23 dated 10.08.2023), ...
ECJ rulings on compensation for data protection breaches
Analysis of the ECJ rulings In its recent decisions C-687/21 and C-340/21, the European Court of Justice (ECJ) provided important ...
Important decision by the OLG Dresden on the termination of user accounts in social networks
Introduction: The challenge of unlawful account suspensions In my legal practice, I regularly encounter cases in which clients are affected ...
ECJ rulings strengthen data protection: important clarifications on liability and compensation for damages
The recent decisions of the European Court of Justice (ECJ) in the cases Natsionalna agentsia za prihotide (C-340/21) and Gemeinde ...
YouTube is only liable for infringements if there is a clear indication of infringement
Introduction: In a landmark decision, the Hamburg Higher Regional Court has specified the requirements for YouTube's liability for copyright infringement. ...
BGH on time limits and costs and closing letters for preliminary injunctions.
Introduction The landscape of German law is constantly in flux, characterized by ongoing adjustments and clarifications. A central role in ...
BGH decides on delisting request against Google
The VI. Civil Senate of the Federal Court of Justice, which is responsible for claims under the EU General Data ...
Will there soon be material defects for digital content? Obligation to update software is coming!
From 2022, there could also be material defects within the meaning of the BGB for digital content. This is because ...
Google delisting due to data privacy?
On June 16, 2020, at 9:30 a.m., the German Federal Court of Justice will rule in two cases on whether ...
Risk of a GbR becoming an OHG
As you can tell from reading my posts regularly, there are more than enough stumbling blocks to fall into legally. ...
Facebook: New rulings on deletion claims
Recently, there have been some decisions on deletion claims against Facebook, which I would like to present here. Amount in ...
Esport: Liability for Cheating and Exploiting
Yesterday I promised to submit a brief contribution on the subject of civil or labour liability for cheating and exploiting ...
Match Fixing in Esport: Legal Consequences?
Time and again in esport, accusations arise in individual teams about match fixing, i.e. the deliberate loss of games in ...
File sharing and the rights holder’s burden of proof
The District Court of Frankfurt am Main has issued a new, interesting verdict on the subject of file sharing. In ...
Even true statements about competitors only possible to a limited extent!
On Friday I published an article on statements on websites and the danger of misinformation, see here, which received quite ...
Expression or statement of fact? The Dangers of Content Producers
The problem Freedom of the press is a great asset in the Federal Republic of Germany and we can all ...
BGH on gaing property right of stolen works of art
The V. Civil Senate of the Federal Court of Justice, which is responsible, inter alia, for claims arising from property ...
OLG Cologne: Blocking/deleting a social media account
As recently as last year, the OLG Köln decided that someone who opposes the blocking of their own Facebook account ...
Burden of proof in misleading online advertising
Two law firms have argued in a case of misleading online advertising that has just been decided by the Federal ...