Because of the little things should no longer be cashed: Barleys draft of the law against unfair warnings is finished. Rogue warning-squads should no longer have a Chance.Jannis Brühl Jannis Brühl
Jannis Brühl, born in Nuremberg, is head of the digital Department. Studied politics and American studies in Erlangen, Germany and Portland, Oregon. Internship at SZ.de, then staff in the Economics Department. Won with the SZ-volunteers of the guard price of German daily press for the project "weapons in Germany". In 2013, Arthur F. Burns-fellow the editors of ProPublica in New York. By 2015, a correspondent for the North Rhine-Westphalia in Cologne and Düsseldorf.on Twitter, send an E-Mail
follow The Federal government will miss on Wednesday a law against warning custom on the way. It aims to strengthen the rights Abgemahnter and protect, to be of dubious actors for the smallest of violations with warnings covered. This is from the draft of the Ministry of justice, which is the SZ. On Wednesday, the Cabinet is about to. After that, the Bundestag has to deal with it.
The design is directed against companies and organisations, which it is not your right, it is about money earn with mass warnings. Federal Minister of justice Katarina Barley (SPD) said: "The misuse of warnings to the detriment of competition. This business model, we remove the basis." The Ministry wants to reduce the number of improper warnings in competition law, around 50 percent.
the law adds to the Federal government, the law against unfair competition (UWG). The value in dispute and penalties in the event of minor infringements should be limited to 1000 Euro. To reduce the incentive for the warning in the case of bagatelles. Competitors must actually "sell Goods or services to a not inconsiderable extent, and not only occasionally," or buy. To exclude bogus competitors. They distribute a pro forma basis, certain articles, and then real traders warn and to collect. The same would apply to "associations", which are only established to the other to warn and to enrich their bosses.
The Ministry wants to separate you from reputable industry associations, the rights of its members perceive it. According to the draft, they should enter as "qualified" in a list. You would have to have at least 75 members, and for at least one year in the register of associations. In addition, you should give members no large sums of money from the assets of the Association. The list is to be led by the Federal office of justice, the Ministry of justice.
"these kinds of cases are not allowed to choose, and which court you sue"
the so-called flying court to stand in the competition restricted to quite massive. For purely commercial reasons, a warning notice at the end, always pull in front of the same dishes - because you know that you have to get in there more often than the average law. In addition, the warned party to arrive must, especially for individuals and small business owners this is time-consuming. The notice came often in a stronger Position. Now there has to be dragged before the court where the abgemahnt its jurisdiction. Minister for Barley, said: "these kinds of cases are not allowed to choose longer, the court before which they complain. The benefit of the warned party."
Because of the since last year, with applicable data protection basic regulation, the fear of many website operators probabilities, expensive warnings due to a small careless. The design should also prevent the. The self-employed and small businesses should not be allowed to charge be warned, if you fail to comply with the information requirements in Detail. Although competitors are allowed to admonish for privacy reasons, you ought to establish but a good one.