How can I protect myself from warnings for violation of competition law?
May 15, 2023 | 30,00 EUR | answered by Greta Kleine
Dear lawyer,
my name is Hilde Zollmann and I run a small online shop for handmade jewelry. Lately, I have been receiving more and more cease and desist letters from other companies claiming that I am violating competition law. I am very concerned, as I am not sure what I am doing wrong and how I can protect myself from this.
I have always designed my products with great attention to detail and put a lot of effort into running my business successfully. But now I am afraid that my livelihood is threatened by these cease and desist letters. I have already tried to inform myself about competition law, but the laws and regulations are very complex and incomprehensible to me as a layperson.
Therefore, my question to you is: How can I effectively protect myself from cease and desist letters for violating competition law? Are there specific measures I can take to avoid legal problems? What mistakes should I definitely avoid in order to continue operating my products and online shop successfully?
Thank you in advance for your help and I look forward to your professional advice.
Sincerely,
Hilde Zollmann
Dear Mrs. Zollmann,
Thank you for your inquiry and your trust in my expertise in the field of competition law. I am sorry to hear that you have been increasingly confronted with cease and desist letters and are therefore worried about the future of your online shop. I understand your concern and am happy to assist you with advice and support.
To effectively protect yourself from cease and desist letters due to violations of competition law, it is important that you comply with legal regulations and avoid potential pitfalls. Below, I provide you with some recommendations that can help you avoid legal issues:
1. Imprint obligation: Make sure that your online shop contains a complete and correct imprint. Here you must provide information such as your name, address, email address, and trade registry number. A flawed imprint may lead to a cease and desist letter.
2. Price disclosure regulation: Ensure that you list all prices in your online shop including VAT and communicate them transparently. Hidden costs can result in cease and desist letters.
3. Copyright: Only use images, texts, and other content for which you have the appropriate usage rights. Avoid using third-party content without permission, as this can lead to legal issues.
4. Misleading advertising: Make sure that you do not engage in misleading advertising. Describe your products and services truthfully and transparently to avoid potential cease and desist letters.
5. Data protection: Comply with data protection regulations and transparently inform your customers about the collection and use of their data. Violation of the General Data Protection Regulation can result in significant penalties.
It is important that you regularly inform yourself about current changes in laws and, if necessary, seek legal advice to ensure that your online shop complies with legal requirements. Please do not hesitate to contact me for further questions or to arrange for individual consultation.
I hope that my tips are helpful to you and that you can continue to run your online shop successfully. I am happy to assist you and wish you much success for the future.
Kind regards,
Greta Kleine, Attorney specializing in competition law
