News

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WhatsApp and privacy

WhatsApp is the world’s most popular messaging service, allowing users to share moments with friends, family and acquaintances 24 hours a day, seven days a week – in real time. But the announcement of recent weeks and the news from Hamburg’s data protection commissioner Johannes Caspar are detracting from all the chat fun – or are they? read more

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I spy with my little eye: video surveillance

A “publicly accessible area” within the meaning of Section 6b of Germany’s Federal Data Protection Act (BDSG) is an area which anyone can enter. Any restrictions on access, such as entrance tickets or proof that a person has reached the age of majority, are of no relevance to this definition. read more

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Erdogan ./. Böhmermann: The reasons for the Landgericht Hamburg’s decision

On 17 May 2016 Hamburg’s regional court, the Landgericht Hamburg (LG Hamburg), decided that Jan Böhmermann must in future refrain from uttering large parts of the abusive poem he recently performed. The court has now published the reasons for its decision. read more

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Newsletter: EU regulation on online dispute resolution in force | Information requirements for e-commerce and e-distribution

Traders are required to provide an easily accessible link to the website of the online dispute resolution platform. This applies to all vendors who conclude B2C sales contracts and/or B2C service contracts by electronic means. read more

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Director’s liability for incoming payments

Generally speaking, payments made by customers and debtors are always welcome. Unfortunately though, if a GmbH (German limited liability company) is in crisis, payments made into an account on the debits side may mean more than simply good news for the GmbH’s director; they could also result in personal liability risks for him or her. This post examines these risks in more detail ... read more

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Illegal advertising emails despite double opt-in and confirmation request?

Involving relatively little effort and reasonable cost, email is still the medium used by advertisers such as agencies, online retailers and service providers to keep a variety of existing customers up to date about their products and services. An advertiser can also maximise reach, for example by using public directories, crawling or purchasing email addresses ... read more

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More light in the ‘grey’ capital market

As part of its action plan for consumer protection in the financial market, in July 2014 the German government presented draft legislation aimed at protecting small investors, to be voted on after the summer break. It isn’t just since the insolvency of Prokon that lawmakers have recognised a need to act. This is why BaFin, the Federal Financial Supervisory Authority, will in future also monitor the ‘grey’ capital market and, for example, warn investors of risky financial products ... read more

| Franziska Pieloth

We’re online!

For a long time, visitors to Spiritlegal.com were welcomed by nothing more than the firm’s white logo against a black background. A law firm specialising in e-commerce without a complete website? The irony wasn’t lost on us either. However, our clients have been keeping us on our toes, which meant the warm-up lap took a little longer than expected. In recent months we’ve been discussing ideas, writing texts, designing layouts and posing for photos. We have drawn up plans ... read more

The Leipzig-based law firm Spirit Legal LLP advises domestic and foreign businesses with an international focus. Our core consulting expertise is in the areas of e-commerce, corporate, competition, trademark, IT and data protection law. When it comes to legal matters, our industry experience makes us the ideal specialists for start-ups, travel companies and the hotel industry.

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