Personal liability UG
May 7, 2012 | 35,00 EUR | answered by Andreas Scholz
Hello,
The plan is to create a software that automatically reads data from a search engine, analyzes it for a specific action, and uses it. This software can be used by third-party users (purchasing the software), so only the third-party users will be making requests to the search engine. According to the search engine operator, automated data retrieval is not allowed.
Question 1: Is the software provider liable, since ultimately the end user is making the unauthorized request?
Question 2: If the software provider is liable, can the director/shareholder be relieved of personal liability by establishing a limited liability company (UG)?
Thank you in advance for your efforts!
Dear inquirer,
As the seller of the software, you do not have any liability in this case, as only the user is liable. Therefore, you can program and sell the software. However, in order to not be held liable towards the buyer within the scope of warranty, you should inform them upon sale that some search engine operators do not allow the use.
Regarding your second question:
The UG is a legal entity. By establishing the UG, the UG is then liable up to the amount of the contribution. The seller would need to be the UG/GmbH. Therefore, if the UG sells the software, no natural person - including the managing director personally - is liable, only the UG with the contribution.
If you have any uncertainties, please ask. However, please ask your follow-up question before providing a rating, as I may not be able to respond to it easily due to technical reasons.
Best regards,
Scholz
Attorney
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