Internet Law – How to make your Website Legally Compliant

Any business that intends to address clients in Germany through its website or web shop needs to take German law into consideration. The most important German statutes in this field of law are:

• Act against Unfair Competition [UWG]
• Quotation of Prices Act [PrAngV]
• Telemedia Act [TMG]
• Privacy Act [BDSG]
• Packaging Act [VerpackV]
• Regulations on General Terms and Conditions within the German Civil Code [BGB]
• Consumer Protection Act (e.g. obligation to inform consumers on their right of withdrawal)
• Treaty on the Protection of Human Dignity and on the Protection of Minors in Broadcasting and the Electronic Media [JMStV]
• Securities law and the financial supervisory law (if relevant in your case)

Infringing upon any of these rules may result in cease and desist letters from your competitors, for which you would have to pay all expenses plus additional damages. In addition, the authorities may shut down your website and impose substantial fines on you.

We will draft all legally relevant online texts for your website in German and in English language, in particular the following texts:

• General Terms and Conditions
• Privacy Policy
• Imprint
• Disclaimer
• Information on your consumers' right of withdrawal

In order to limit your personal liability, in most cases it is recommendable to build up a separate legal entity with limited liability (e.g. GmbH, AG, foreign form of a limited liability company, etc.). This limited liability company would then assume responsibility and liability for the content of your website and the activities of your web shop. We will be pleased to advise you on the appropriate legal form, and will handle the formation process for you.

If your intellectual property, business ideas, trade secrets, etc. are not yet legally protected, we will make sure to secure your IP rights, your business ideas and trade secrets on a national and international scale.

Your contact person in our law firm for all issues related to internet law is Atty. Dr. Christian Seyfert. Please contact us by e-mail (info@winheller.com) or by phone (+49 69 76 75 77 80).