How can I legally secure my website to avoid risking any cease and desist letters?
June 25, 2022 | 30,00 EUR | answered by Otto Ullmann
Dear lawyer,
I run a small website where I sell my handmade products. Lately, I have heard that many website owners have received warnings because they have violated certain legal regulations. I would like to ensure that my website is legally secure in order to avoid any warnings.
Currently, my website does not have an imprint obligation or a privacy policy. Additionally, I am unsure if my Terms and Conditions (AGB) are legally correct. I am concerned that I could be warned without these important legal documents, resulting in high costs.
Therefore, my question is: How can I legally secure my website to avoid any warnings? What legal requirements must my website meet to be on the safe side? Are there specific guidelines or laws that I must follow? And how can I ensure that my AGB and privacy policy are legally correct?
I would appreciate it if you could provide me with specific recommendations and solutions to legally secure my website. Thank you in advance for your support.
Sincerely,
Renate Hartmann
Dear Mrs. Hartmann,
thank you for your inquiry regarding the legal protection of your website. As the operator of a website where you sell handmade products, it is important to comply with legal regulations to avoid warnings and to be legally secure.
First and foremost, it is important to have an imprint on your website. According to § 5 TMG (Telemedia Act), as the operator of a website, you are obliged to provide certain information in your imprint, such as your name and address. This is for transparency and makes it easier for users to contact you. A missing imprint can lead to warnings.
Furthermore, a privacy policy on your website is essential. With the privacy policy, you inform your visitors about the personal data collected, processed, and used on your website. This is particularly important due to the General Data Protection Regulation (GDPR), which has been in force since May 2018. Violations of the GDPR can result in significant fines.
Your terms and conditions (AGB) should also be legally correct and transparent. In the terms and conditions, you regulate the contract terms, delivery and payment conditions, as well as warranty and liability issues. It is important that the terms and conditions do not contain any prohibited clauses and comply with legal regulations.
To ensure that your website is legally protected, I recommend that you consult a specialized lawyer in internet and computer law. Such an expert can review your website for legal risks, provide you with specific recommendations, and assist in creating a legally compliant imprint, privacy policy, and terms and conditions.
In summary, it is important for you as the operator of a website to comply with legal requirements to avoid warnings and be legally protected. A specialized lawyer can help you optimize your website legally and minimize potential risks.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Otto Ullmann
