The term Internet law or online law refers to those areas of law that can be affected by activities or representation on the Internet. This includes, for example, competition law, copyright law or domain and trade mark law.
Unlike many other areas of law, the regulations on internet law are therefore not contained in one set of laws, but can be found in various codes. The reason for this is the fact that Internet law is a so-called cross-sectional matter.
The city of Cologne, where our law firm is based, plays a prominent role as a trade fair city when it comes to the Internet. A number of trade fairs for so-called Internet companies take place in Cologne and many important companies in this field are also based in the cathedral city. Anyone looking for a specialist lawyer for Internet law will find competent support in our law firm.
Many of his clients in the field of internet law are therefore based in Cologne. Nevertheless, Mr Helmer Tieben naturally advises both companies and private individuals nationwide. As an experienced internet lawyer, he is familiar with the typical legal problems that can arise in the digital space.
The following topics repeatedly arise in the firm's advisory practice:
According to Section 7 of the Copyright Act, the author is the creator of a work. Copyright protects artistic or scientific-technical achievements that represent a certain originality and creativity.
This protection exists independently of registration, a copyright notice or other formalities. If the work is then subject to copyright, the owner of the work has so-called moral rights to the work. This in turn means that the author alone can decide when and how their work is published. He also holds the economic exploitation rights to the work, which give him the exclusive right to exploit it.
This copyright protection begins with the creation of the work and ends 70 years after the death of the author (post mortem auctoris). The work can only be freely utilised after this protection period has expired.
The protected works of literature, science and art include in particular:
In recent years, copyright law has become the centre of attention primarily because many people have received warning letters from record companies, film companies and software manufacturers because they have actually or allegedly downloaded film, music or software works from the Internet via file sharing.
However, it should be noted that you are by no means obliged to comply with all requests made by the warning party. In a large number of cases, claims for damages and lawyers' fees can be fended off or at least significantly reduced. Remaining claims can then sometimes be settled with the help of an instalment payment. If, for whatever reason, you have received such a warning letter, do not under any circumstances sign the attached cease-and-desist declaration, but first call Mr Helmer Tieben, an experienced lawyer for Internet law.
The same applies to a warning letter for the unauthorised use of a photo on the internet. Even if you have downloaded an allegedly licence-free photo from a well-known database, it is possible that the photo was not licence-free at all and you will receive a warning letter from the copyright holder or their lawyer. Here, too, you should not react at first and instruct us to represent you immediately. Simply give us a call.
Another major topic on the Internet is the so-called Cyberbullying. This involves people being belittled or insulted by third parties, usually on popular social networks, through unacceptable comments.
Cyberbullying can occur in all major social networks. If you are the recipient of such an unacceptable comment, insult or threat or have been warned because of a comment, Mr Helmer Tieben will be happy to provide you with comprehensive advice on how to enforce your rights.
Mr Helmer Tieben will also advise you if you have fallen victim to a so-called subscription trap. Subscription traps on the Internet often offer the user free software or a service. In order to download these, the user has to tick a number of different boxes. Among other things, they must also accept the provider's terms and conditions, which are usually not read through and/or not understood. With these terms and conditions, the user then accepts a subscription for further software or other things and has entered into a long-term financial commitment.
If you are the victim of Subscription trap If you have become aware of this, please call Mr Helmer Tieben so that he can counter the claims of the dubious provider immediately.
Many website operators have already been the subject of warnings or even legal disputes because their website does not comply with legal requirements. Numerous judgements deal, for example, with Injunctions and/or claims for damages due to incorrect provider labelling/imprint.
Even the use of a so-called imprint generator, as offered on this website, is in many cases no substitute for individual advice. Our specialist lawyer for internet law will be happy to check your entire website to see whether it fulfils the legal requirements. This applies to normal websites, blogs or online shops.
You can rely on his ongoing training and experience in this field. Simply contact Mr Helmer Tieben so that we can decide together whether we can help you.
People who use the Internet for advertising purposes often do not know what legal limits need to be observed. A variety of laws come into play here, coupled with a variety of court decisions.
Broadly speaking, advertising on the Internet comes in two forms: on the one hand through advertising emails, and on the other through the presentation of the company or business on a website.
Depending on which form of advertising you use or would like to use, there are various pitfalls to avoid expensive warnings from competitors.
For example, in the case of freelancers such as tax consultants or lawyers, professional ethics and professional law can be mentioned here, which can be made the subject of competition law disputes under Section 3 of the German Act Against Unfair Competition (UWG) under the aspect of professional negligence.
With regard to the advertising of products, German competition law recognises a wealth of product-specific advertising restrictions that must also be observed for online marketing (e.g. pharmaceutical advertising in the German Drug and Drug Advertising Act).
Contact Mr Helmer Tieben, lawyer, if you want to be on the legally safe side in these matters.
Domain law is not standardised by law, but has developed solely from the judicial development of the law. Domain law is governed by the so-called priority principle. Exceptions to the priority principle result from the law on names or trade mark law.
We will be happy to check for you whether the domain you want is unobjectionable and whether your choice raises any problems under name or trademark law. Of course, we will also enforce your rights in relation to domain law against competitors or other persons if your rights are infringed by them.
If you have a legal problem in the area of domain law, please contact Mr Helmer Tieben so that your problem can be solved.
Contracts for goods and services are increasingly being concluded over the Internet (e.g. via eBay, Amazon, etc.) (distance selling contracts). It should be noted that contracts concluded via the Internet naturally have the same effects and consequences as a contract signed in person. However, the consumer who concludes such a contract is generally entitled to a special right of cancellation.
In order to assert claims arising from distance selling contracts in the event of legal disputes, it is essential to have precise knowledge of the applicable cancellation and return laws. So if you have legal problems resulting from a distance selling contract, Mr Helmer Tieben will be happy to advise you comprehensively and assert your rights for you. Just give us a call!
Due to the diversity of the Internet, there are now a wide variety of so-called IT contracts. Due to the large number of these, only a few important ones are presented here:
If you would like to have a website created as an entrepreneur or consumer, the first step is to conclude a so-called Contract for the creation and publication of a website. Mr Helmer Tieben will be happy to advise you before the conclusion of such a contract as to what rights and obligations arise from it or whether you can assert any rights from a contract already concluded in the event of defective creation or maintenance of the website. It goes without saying that Mr Helmer Tieben advises both the creator of such a website and the consumer.
The best website is worth nothing if it does not generate any visitors and therefore no customers for its operator. Many website operators therefore commission a search engine optimisation agency (SEO agency) to design the website in such a way that it can be found easily by interested customers. The SEO agency and the customer then enter into a so-called Search engine optimisation contract/a so-called SEO contract concluded. Mr Helmer Tieben will be happy to review your SEO contract and tell you what rights you have in the event of poor performance.
Another contract is the Contract for search engine marketing. This contract includes, for example, the placement of chargeable adverts (so-called Adwords) on the Internet in common search engines and much more. Here, too, Mr Helmer Tieben offers comprehensive advice.
In order to optimise and streamline their business processes, many companies operating on the Internet use so-called General Terms and Conditions (GTC). Depending on the industry and business sector, these terms and conditions must fulfil specific requirements. Mr Helmer Tieben will be happy to draw up your general terms and conditions and provide you with general advice on how to rationalise your contracts.
If you need advice in the area of Internet law, please call us without obligation at 0221 – 80187670 or send an email to info@mth-partner.de
Our law firm in Cologne offers comprehensive legal advice on all aspects of Internet law. From the drafting of contracts to the defence against warnings and the enforcement of claims in domain law, our experienced lawyers are at your disposal. Lawyers in Cologne to the side.
Whether you need support as a company or a private individual - Mr Helmer Tieben, your experienced internet lawyer, will be happy to help you. Contact us today and let us advise you.
The term “Internet law” or “online law” refers to those areas of law that are affected by activities or a presence on the Internet. This includes, for example, competition law, copyright law, or domain and trademark law.
Unlike many other areas of law, the regulations for internet law are not found in a single body of legislation but are spread across various laws. The reason for this is that internet law is considered a cross-cutting matter.
The city of Cologne, where our law firm is based, plays a prominent role as a trade fair city in matters of the Internet. Many trade fairs for so-called internet companies are held in Cologne, and many important companies in this field are also located in the city.
As a result, many clients in the field of internet law come from Cologne. Nevertheless, attorney Helmer Tieben also provides advice to companies and individuals nationwide.
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The following topics frequently arise in the firm’s advisory practice:
According to Section 7 of the Copyright Act, the creator of a work is the author. Copyright protects artistic or scientific-technical achievements that represent a certain level of originality and creativity.
This protection exists independently of any registration, copyright notice, or other formalities. If a work falls under copyright law, the owner of the work holds what are called moral rights to the work. This means that the author alone can decide when and how their work will be published. They also hold the economic exploitation rights to the work, granting them exclusive rights to its exploitation.
This copyright protection begins with the creation of the work and ends 70 years after the author’s death (post mortem auctoris). Only after this protection period expires can the work be freely used.
The Copyright Act has become more prominent in recent years, especially because many people have received cease-and-desist letters from record companies, film studios, and software manufacturers for allegedly downloading films, music, or software via file sharing.
However, it’s important to note that one is not obligated to comply with every demand made by the party issuing the cease-and-desist letter. In many cases, claims for damages and attorney’s fees can be dismissed or significantly reduced. Remaining claims can sometimes be settled with a payment plan. If you have received such a cease-and-desist letter, do not sign the accompanying declaration but contact attorney Helmer Tieben first.
The same applies to cease-and-desist letters for unauthorized use of a photo on the Internet. Even if you downloaded a supposedly royalty-free photo from a well-known database, it may turn out that the photo was not royalty-free, and you could receive a cease-and-desist letter from the copyright holder or their attorney. In such cases, do not respond immediately and instead contact us to represent you. Simply give us a call.
Another major issue on the Internet is cyberbullying. This involves individuals being insulted or defamed by others, usually in popular social networks.
Cyberbullying can occur in all major social networks. If you have been the target of such defamation, insults, or threats, or have received a cease-and-desist letter for a comment, attorney Helmer Tieben is happy to provide comprehensive advice to enforce your rights.
The first step is to issue an out-of-court warning, setting a deadline for the person responsible to remove the offending comments and refrain from making similar comments in the future. At the same time, the person should be asked to sign a cease-and-desist declaration. If they do not comply, the cease-and-desist order should be enforced through an injunction or a lawsuit.
Attorney Helmer Tieben can also assist you if you have fallen victim to a subscription trap. In such cases, users are often offered free software or services, but when downloading, they unknowingly agree to a subscription by accepting the provider’s terms and conditions, often without reading or understanding them. This leads to long-term financial commitments.
If you have become a victim of such a scam, call attorney Helmer Tieben, who will promptly challenge the claims made by the unscrupulous provider.
Many website operators have been subject to cease-and-desist orders or legal disputes because their websites do not comply with legal requirements. Numerous court rulings have addressed cases of injunctions and/or damages claims related to incorrect provider information or legal notices.
Even using an online legal notice generator, such as the one offered on this site, often does not replace individual legal advice. Attorney Helmer Tieben is happy to review your entire website to ensure it complies with legal requirements. This applies to standard websites, blogs, or online stores. The review includes aspects such as provider identification, withdrawal instructions, and data protection implementation. Copyright and advertising law issues are also taken into account.
You can rely on continuous training and extensive experience in this area. Contact attorney Helmer Tieben to see if we can help you.
Those using the Internet for advertising often do not know the legal boundaries they must respect. A variety of laws apply, coupled with numerous court rulings.
Online advertising generally takes two forms: email marketing or presenting the company or business on a website.
Depending on which form of advertising you choose or intend to use, various pitfalls must be avoided to prevent costly cease-and-desist orders from competitors.
For example, for freelancers such as tax advisors or lawyers, professional and ethical regulations apply. These regulations, linked to Section 3 of the Unfair Competition Act (UWG), can become the subject of competition law disputes.
In terms of product advertising, German competition law contains numerous product-specific advertising restrictions that must also be observed in online marketing (e.g., advertising for pharmaceuticals in the German Medicines Act and the Advertising of Health Products Act).
Contact attorney Helmer Tieben if you want to be on the safe side with these issues.
Domain law is not codified but has evolved through judicial development. The key principle in domain law is the so-called “first come, first served” rule. Exceptions to this rule arise from name rights or trademark rights.
We are happy to check if your desired domain is legally sound and whether there are any potential name or trademark issues. We will also enforce your rights against competitors or other parties if your rights are infringed.
If you have a legal issue in the area of domain law, contact attorney Helmer Tieben, and we will solve your problem.
Contracts for goods and services are increasingly being concluded online (e.g., via eBay, Amazon, etc.). These contracts have the same effects and consequences as contracts signed in person. However, consumers generally have a special right of withdrawal when entering into such contracts.
To assert claims arising from distance contracts in legal disputes, a precise understanding of applicable withdrawal and return rights is essential. If you have legal issues resulting from a distance contract, attorney Helmer Tieben is happy to provide comprehensive advice and assert your rights. Just give us a call!
Due to the variety of the Internet, there are now many different types of IT contracts. Only a few important ones will be mentioned here:
If you, as a business owner or consumer, want to have a website created, the first step is to conclude a contract for the creation and publication of a website. Attorney Helmer Tieben can advise you before concluding such a contract on the rights and obligations that arise from it, or whether you can assert any rights from a contract that has already been signed if the website is poorly created or maintained. Attorney Helmer Tieben advises both the website creator and the consumer.
The best website is worthless if it doesn’t attract visitors or customers. Many website operators, therefore, hire an SEO agency to optimize the website so it can be easily found by potential customers. A contract for search engine optimization (SEO contract) is then concluded between the SEO agency and the client. Attorney Helmer Tieben is happy to review your SEO contract and inform you of your rights in case of poor performance.
Another type of contract is the search engine marketing contract. This includes, for example, placing paid ads (so-called AdWords) on popular search engines and much more. Attorney Helmer Tieben also offers comprehensive advice on this.
To optimize and streamline their business processes, many internet companies use general terms and conditions (GTC). Depending on the industry and business sector, these terms and conditions must meet specific requirements. Attorney Helmer Tieben is happy to draft your general terms and conditions and provide advice on how to streamline your contract conclusions.
If you need advice on internet law, contact us at 0221 – 80187670 or send an email to info@mth-partner.de.
Mr Helmer Tieben has been licensed as a lawyer since 2005. His work focuses on tenancy law, labour law and immigration law.
Lawyer Tieben, Sachsenring 34, 50677 Cologne
Telephone: 0221 - 80187670
Fax: 0221 - 2717110
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