How can I protect myself from warnings for unfair competition?
December 20, 2023 | 30,00 EUR | answered by Sandra Bittner
Dear lawyer,
My name is Erika Hinze and I have been running an online shop for handmade products for some time now. Lately, I have been receiving an increasing number of cease and desist letters from other companies alleging unfair competition. These cease and desist letters not only put a financial strain on me, but also an emotional one, and pose a huge burden on my small business.
I am wondering how I can effectively protect myself from further cease and desist letters due to unfair competition. I am aware that competition law has many pitfalls and that it can be difficult to comply with all regulations. Nevertheless, I want to operate my business fairly and legally.
I have already tried to educate myself on the applicable laws and guidelines, but as a layman, it is often difficult for me to understand what is allowed and what is not. Therefore, I would like to know from you what specific measures I can take to protect myself from further cease and desist letters. Are there specific rules of conduct or documentation obligations that I should follow? Is there perhaps also the possibility to seek legal advice or have a pre-check of my marketing materials to identify potential violations early on?
I would be very grateful if you could provide me with specific tips and recommendations on how to protect my business from further cease and desist letters due to unfair competition. Thank you in advance for your support.
Dear Mrs. Hinze,
Thank you for your inquiry regarding protecting your online shop from cease and desist letters due to unfair competition. It is understandable that these cease and desist letters can be a significant burden on your company, both financially and emotionally. As a lawyer specializing in competition law, I can provide you with some specific tips and recommendations to help protect your company from further cease and desist letters.
First and foremost, it is important to thoroughly familiarize yourself with the legal provisions of competition law. The Act against Unfair Competition (UWG) regulates what behaviors are allowed in competition and which are considered unfair. Violating these provisions can lead to a cease and desist letter. Therefore, it is advisable to stay informed about any changes in the law and new judgments in the field of competition law.
To protect yourself from cease and desist letters, you should ensure that you comply with all legal requirements. This includes, for example, correctly labeling advertising as such, adhering to price disclosure regulations, and avoiding misleading advertising. Compliance with data protection regulations, especially with regard to the GDPR, is also of great importance.
Furthermore, it is advisable to seek legal advice in a timely manner. A lawyer specializing in competition law can review your marketing materials for any legal violations and provide you with specific recommendations on how to minimize potential risks. Pre-screening your advertising measures and terms and conditions can help prevent cease and desist letters from the outset.
Additionally, you should keep a clear documentation of your business practices. This includes storing relevant documents such as advertising materials, price calculations, and contract documents. Careful documentation can serve as evidence in case of a cease and desist letter that you have complied with legal requirements.
Overall, it is important to thoroughly familiarize yourself with the provisions of competition law, seek legal advice regularly, and maintain careful documentation of your business practices. By taking these measures, you can effectively protect your company from further cease and desist letters due to unfair competition.
I hope these tips are helpful to you and I am available for any further questions. Thank you for your trust and I wish you much success with your online shop for handmade products.
Best regards,
Sandra Bittner
Lawyer specializing in competition law
