No more “Stoererhaftung”?

What was for a long time associated with high liability risks and warning letters from lawyers, will now be made easier by the German government: Free wifi-hotspots.  The German government has decided to modify the so called “Stoererhaftung” – the liability of the operator of a wifi-hotspot for any infringements of law committed through the hotspot. However, even though rumor still has it a few days after the presentation of the draft for the new German Teleservices Act, this does not mean that operators of wifi-hotspots now will not be liable for whatever happens through their hotspot. To speak of a complete abolition of “Stoererhaftung” is a bit too much, at least at the moment.

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Do XING profiles require a masthead?

This past summer, a decision of the Stuttgart Regional Court became known by the name #XINGGATE. In its decision (LG Stuttgart, decision of June 27, 2014 – file number: 11 O 51/14), the court held XING profiles to be independent telemedia, to which § 5 Telemediengesetz, the German Law on Telemedia (TMG) applies, meaning that personal XING profiles have be equipped with a masthead under German law.

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Are Dynamic IP-Addresses “Personal Data” As Defined By the EU Data Protection Directive?

And if so; May they be recorded? – The German Federal Court of Justice (BGH) in its decision dated October 28, 2014, court ref. VI ZR 135/13 referred to the to the European Court of Justice (ECJ) for a preliminary ruling regarding the interpretation of the EU Data Protection Directive concerning the definition of the term “personal data” therein and recording of dynamic IP-addresses. Continue reading

The Title of an App Can Be Protected as a Work Title under German Trademark Law – If it Is Not Merely Descriptive

The Higher Regional Court of Cologne (OLG Köln) held in its decision (court ref. 6 U 205/13) dated September 5, 2014 that the title of a mobile app can enjoy protection against similar titles for similar services. However, the claimant who is the operator of a German weather information website that runs under the domain <wetter.de> and an app with identical content also titled <wetter.de> cannot prohibit the use of the title <wetter DE> or <wetter-de> for a similar weather app by the defendant. Continue reading

(More) certainty ahead: liability of commercial operators of open WLAN networks

Commercial WLAN operators will soon be certain about when and in how far they are liable for violations of third party rights by their users. The District Court in Munich (7 O 14719/12) has stayed the proceedings in a pending litigation and has submitted questions to the European Court of Justice (ECJ).

Inter alia, the court asks the liability privilege regulated in the European e-commerce directive and the German Teleservices Act (“Telemediengesetz” – TMG) is to be interpreted in a way that claims for injunctive relief, damage claims, and claims for the reimbursement of costs for warnings and court proceedings are excluded against the WLAN-operator in general or at least with regard to the first violation of third party rights. According to the respective provisions in the directive and the TMG; access providers are not responsible for the information submitted through their services.

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69th German Legal Colloquium

During last week’s 69th German Legal Colloquium the association’s members discussed – amongst other topics – the future of IT-law in Germany (you can find all the decisions here – in German). Their decisions on how to fight cyber crime, data protection and liability are supposed to initiate legal reforms. In some cases, you hope the legislator won’t feel inclined. Continue reading

General Data Protection Regulation: Council of the EU’s Amendments to the Commission’s Draft

Last weekend, an amended draft of the Regulation of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) was published by the British organization statewatch. The proposed changes regard Articles 1-10, 80 (a), 83 and several recitals. While some of them simply clarify the first draft, others – as for example the definition of the term “personal data” in Article 4 Subsection 1 – will have great effects on data protection in Germany. Continue reading

Tracking and Controlling Your Child’s Mobile Phone Activities

I just came across a post on golem.de (a rather good IT news site – in German only, sadly) about bemilo, a service in the UK that (I quote)

“puts [parents] in full control of [their] child’s mobile service”;

“puts [parents] in the driving seat, 24 hours a day”;

“[gives parents] FULL control [w]ho [their] children can contact and who can contact them, time of das [their] children can use their phone, WHEN they can browse the web”;

“[enables parents to] [r]eview all calls & SMS messages at any time, block bullies at the flick of a switch, control mobile spend with no fuss [emphasis added].”

Do watch the intro on the website. It’s rather, well, unique, besides the fact that it the little toy man in the intro looks suspiciously similar to a typical LEGO design. Continue reading