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What are the legal boundaries when using social media?

Dear Lawyer,

My name is Emma Bergner and I have a question regarding Social Media and the related Internet and Computer Law. In recent months, I have heard more and more about the legal boundaries that should be observed when using Social Media platforms such as Facebook, Instagram or Twitter. I am unsure about which rules and laws I need to comply with to avoid any legal issues.

Currently, I mainly use Social Media for private purposes, to connect with friends and family, share photos, and participate in discussions. However, I also have a small business for which I occasionally advertise on my Social Media profiles. I am not sure if I might be violating any laws in doing so.

My concerns mainly revolve around not knowing exactly what content I am allowed to post, which data protection policies I need to follow, and whether I could potentially infringe on the rights of others by sharing their photos or texts. I definitely do not want to get into legal trouble, so it would be helpful if you could explain to me what legal boundaries exist when using Social Media and how I should act correctly as both a private individual and a business owner.

Could you provide me with specific recommendations on what actions I should take to avoid legal problems? Are there any specific laws or regulations that I absolutely must adhere to? I thank you in advance for your help and advice.

Best regards,
Emma Bergner

Wanda Hartmann

Dear Mrs. Bergner,

Thank you for your inquiry regarding Social Media and the associated Internet and computer law. It is understandable that you are concerned about possible legal boundaries and regulations, especially if you use Social Media both privately and professionally. Indeed, there are some rules and laws that need to be considered in order to avoid legal problems.

First and foremost, it is important to know that general law also applies in social media. This means, for example, that you are not allowed to share racist, sexist, or discriminatory content. The rights of others must also be respected. This means that you must not publish photos or texts without the consent of the individuals involved.

As a business owner, you must also ensure that your advertising on Social Media is transparent and not misleading. You should clearly indicate that it is advertising and also provide legal information such as imprint and data protection regulations if necessary. Also, make sure not to engage in unauthorized product advertising or make false claims.

In terms of data protection, make sure to comply with the data protection policies of the respective platforms. This means, among other things, that you must not publish personal data without the consent of the individuals involved. Additionally, familiarize yourself with the rights and obligations regarding the handling of personal data according to the General Data Protection Regulation (GDPR).

To avoid legal problems, I recommend that you regularly inform yourself about current laws and regulations in the field of Social Media and Internet law. You can also consult a lawyer to receive individual advice and support. Make sure to always behave correctly and, in case of doubt, err on the side of caution.

I hope this information is helpful to you and I am available for further questions.

Best regards,
Wanda Hartmann

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Wanda Hartmann