At CWT Advertising we understand this problem and want to help you keep the risk of warnings as low as possible. Together with Trusted Shops, we have developed the legal texts manager for your website and online shop.
But one after the other! First of all: How exactly does this work with the warning? What is in it and who can warn and why? You can read all of this in this article.
Please note that we collect information in this article, but cannot and may not offer legal advice.
What is a warning letter?
Warnings are supposed to make our legal system easier. If you violate applicable law on the Internet, you can be warned. Mostly it is about violations of copyright, competition or trademark law as well as violations of consumer protection regulations. An error in your data protection declaration or a picture without copyright information may already be sufficient.
In such a case, the warning should save you from going to the judge. You will be informed of your misconduct and asked to refrain from doing it in the future. The corresponding cease and desist letter is enclosed. Theoretically, a good idea, but in reality it always causes trouble.
Who can warn?
That depends on the specific allegation. In the event of violations of trademark or copyright law, the right holder, a licensee or a perception company may warn or sue.
In the event of violations of competition law, competitors can issue warnings, as well as “associations for the promotion of commercial or independent professional interests” or “qualified institutions in accordance with the so-called injunctive relief act (UKlaG)”. That sounds complicated, but roughly speaking, it means institutions such as consumer protection associations or competition centers.
This large circle of persons entitled to receive warnings ensures that most warnings on the Internet deal with competition law. This includes, for example, errors in the cancellation policy, incorrect terms and conditions or missing information in the imprint.
How much does a warning letter cost?
Often enough, the cease-and-desist declaration comes with a request to pay the warning costs to the warning persons and to pay the lawyer’s bill.
The amount of the warning costs is calculated on the basis of the so-called object value, a legal determination of the value in dispute. This may not be arbitrarily high, but must be based on certain facts – for example on the damage that has occurred to the person who issued the warning.
But finding a suitable value for it turns out to be difficult despite the wide range of case law. How can an error in the cancellation policy be quantified with money? Therefore, the item value is usually too high. In addition, the fee of the lawyer who issued the warning, and you are already at the already mentioned 1,936 euros.
An online retailer receives an average of 2.4 warnings per year. At 2.4 times 1,936 euros, a livelihood-threatening sum has been reached – especially for solo self-employed and small companies.
This is how CWT Advertising protects you from warnings
Large companies have high-paying lawyers who ensure that their online presence is legally protected. And should they ever be warned, the lawyers take care of the appropriate defense.
Most self-employed do not have high-paying lawyers. That is why they often do not involve legal counsel and pay the amount requested – regardless of whether the warning is justified or not.
We at CWT Advertising want to take this burden off your shoulders at least in part.
The legal text manager with warning protection
Trusted Shops guarantees that all texts are secure against warnings. No legal text created with the warning protection has been successfully warned so far. Trusted Shops is liable for this.
You can easily create the texts by answering a few questions about yourself and your business. From this, the legal texts manager generates the correct texts and inserts them on the appropriate sub-pages of your website or your shop – completely automatically!
Speaking of automatic: the legal texts manager is not just a generator that spits out imprint and the like for you. Thanks to automatic updates, your legal texts are always up to date in the event of changes to the law and you are always protected.
CWT Advertising Dolphin is the only product worldwide that has the warning protection of Trusted Shops integrated directly into the system. The legal texts manager can be started very easily via the menu item Pages in edit mode.
The topic of warnings affects everyone who does business on the Internet. Therefore, you shouldn’t take it lightly. However, there is no need to panic! Because with helpful tools such as the legal texts manager and a little caution when choosing images and graphics, you are on the safe side.