News und Urteile

The media carries almost daily reports of phishing scams aimed at online banking customers. The fraudsters use elaborate tricks to dupe internet users. However, if you are aware of the methods used to commit online banking fraud, you can adapt and protect yourself when online.

The European Court of Justice recently held that it is legal for the authorities to require individuals to have their digital fingerprints taken before issuing a passport. The practice does infringe citizens’ personal rights, but is justified by the need to fight fraud.

In einer neueren Entscheidung musste sich das OLG Frankfurt mit der Frage auseinandersetzen, ob ein negativer Schufaeintrag nach der Erhebung der Verjährungseinrede statthaft ist (AZ. 23 U 68/12).

The advantages of social networks are apparent. They allow people to stay in contact with millions of people worldwide by posting entries, links and comments. But what happens if the social network is used against you? Can you defend against Facebook bullying?

In September 2013 Google received 21.5 million requests from copyright owners or their representatives to delete links from its search index which lead to illegal content. This represents the most requests Google has ever received.

Travel law and delayed trains: The European Court of Justice has handed down a judgment on passengers’ rights to a refund where trains are delayed by events beyond the train operators’ control. Passengers are entitled to receive a partial refund of the ticket price (26.09.2013 case ref.: C-509/11).

A former Northwestern University student in the US has brought a lawsuit against a doctor at the Northwestern Memorial Hospital for posting photos on facebook of her which he had taken without her consent.

A US federal court in Delaware has rejected a class-action lawsuit against Google. A group of consumers had claimed that Google had caused them harm by circumventing the privacy settings on Apple’s web browser Safari.

Under e-commerce law, strict rules apply to the design of commercial websites. It is important that the “buy now button” is clearly visible. Recent decisions by the courts in Germany show that a strict approach is being taken.

Several months ago, the vehicle rental company Sixt vowed to bring a court action against the new TV licence fee in Germany. The company has now filed the relevant court documents.

Der u. a. für das Bankrecht zuständige XI. Zivilsenat des Bundesgerichtshofs hat aufgrund der Unterlassungsklage eines Verbraucherschutzverbands entschieden, dass die nachfolgende Bestimmung in Nr. 5 Abs. 1 (Erbnachweisklausel) der Allgemeinen Geschäftsbedingungen der beklagten Sparkasse im Bankverkehr mit Privatkunden (Verbrauchern) nicht verwendet werden darf, weil sie diese unangemessen benachteiligt und deswegen […]

From 2015 minors in California will obtain the “right to be forgotten”. It means they will be able to request that content is deleted from Facebook or other similar social networks.

Positive reporting about the Muslim Brotherhood led an Egyptian court to ban four TV stations.

Germany’s Upper House, the Bundesrat, has approved draft legislation on orphan works. The law will make it easier for public institutions to digitalise orphan works and to place them on the internet.

A court in Germany has held that if a person does not know what file sharing is they cannot be held liable for related alleged copyright infringements.

German public broadcaster ARD is continuing its efforts to boost transparency. It has joined forces with the German Producers Alliance to publish a new transparency and anti-corruption code of practice.

Der u. a. für das Bankrecht zuständige XI. Zivilsenat des Bundesgerichtshofs hat sich in einem weiteren Verfahren erneut mit der Schadensersatzklage eines Anlegers im Zusammenhang mit dem Erwerb von Zertifikaten der niederländischen Tochtergesellschaft der US-amerikanischen Investmentbank Lehman Brothers Holdings Inc. befasst. Der Kläger erwarb im Dezember 2007 von der beklagten […]

Since its introduction in January 2013, Germany’s new TV licence fee has been sharply criticised. Now a court in Germany has ruled that the method used to collect citizens’ personal data is partially illegal.

A draft law on second publishing rights for scientific articles is currently being debated in Germany. The Coalition for Action “Copyright for Education and Research” recently called on Germany’s Upper House the Bundesrat to reject the proposals.

The Higher Regional Court of Frankfurt, Germany, recently analysed the legal position concerning negative postings on Facebook (25.04.2013, 16 W 21/13). The court had to balance the competing legal concepts of the right to freedom of expression and untrue statements of fact.

Google and Microsoft are suing the US government for more transparency concerning government data requests, it has been announced. The companies believe the government should publish information on the how often it makes data requests and what kind of data is sought.

An attempt by a German professor to force Google to remove search results from its index which are derogatory is likely to fail.

The husband of Princess Madeleine of Sweden, Christopher O’Neill, has taken out an injunction against the magazine Bunte after unauthorised paparazzi photos of their honeymoon were published.

If there is one thing the German political parties of the 2013 federal elections agree on, it’s that German copyright law needs to be reformed. Current rules are sometimes difficult to apply to new internet-based behaviour. However, no party seems capable of presenting a clear concept.