With the benefit of the right legal advice, however, you can often avoid such costs from the outset. We will assist you in configuring your advertising, website, company image, and the agreements you conclude such that any objection on the grounds of competition law or data privacy law will not be tenable. Working closely with our specialist attorney for corporate law, we will support you in issuing the relevant licenses or should any disputes arise among shareholders over matters of competition or trademark law.
The risk of receiving letters sent before action under competition law
Issuing a notice as a warning before the sender brings an action against the recipient before the courts, a so-called “Abmahnung,” has become common practice nowadays. If you find such a letter before action fluttering into your mailbox, you should definitely not ignore it, but you should not react with undue haste either. Examine the warning notice and then contact an attorney with the necessary expertise in competition and copyright law. The problems this type of letter before action will cause do not consist only of the direct costs that it entails, but also of the indirect damage, such as the disruption of your company’s business operations or the tarnishing of its public image.
On the other hand, there are simple ways of combating the risk of being at the receiving end of such a warning letter, be this as a private individual or an enterprise, if the matter concerns the failure to meet mandatory information requirements. In Germany, all enterprises are required by law to disclose certain information in their communications with external parties. Our attorney for competition law, trademark law, and copyright law can help you correctly provide the required website information (what is termed an “Impressum” in German), while also answering any questions you may have about data protection and helping you to draw up customized agreements.