No more warnings for trivial matters

A new law is intended to stop dubious associations and so-called "warning letter" lawyers. The Federal Cabinet has approved a corresponding draft law. Access to spare parts will also be made easier.

This article is part of the special feature " No fear of cease-and-desist letters!"

Farewell to the warning industry: In future, competitors will no longer be able to sue their competitors for most trivial violations – including violations of the General Data Protection Regulation – can issue warnings and impose contractual penalties. On May 15, the Cabinet approved a draft "Law to Strengthen Fair Competition." It looks various measures, to counteract the misuse of warnings: It places higher demands on the assertion of claims, reduces the financial incentives for warnings, gives more transparency and simplifies the assertion of CounterclaimsAn important point of the bill: warnings will receive no reimbursement of expenses more if a violation is only minor. 

Here you can find the full text of the draft law . This law will eliminate the business model of associations and lawyers who abuse the system of issuing cease-and-desist letters at the expense of small businesses . In the future, associations or craft businesses can no longer be issued costly cease-and-desist letters simply because the information in their website's legal notice is incomplete.

Crafts welcome law

Holger Schwannecke , Secretary General of the German Confederation of Skilled Crafts , commented on the draft legislation: "It is good that the Federal Government is tackling abusive cease-and-desist letters. Craft businesses in particular are frequently the targets of mass and unscrupulous warnings. The Federal Government is pursuing the right approach with the proposed measures." He added that it was long overdue to raise the requirements for associations' authority to issue cease-and-desist letters and to specifically curb the economic incentives for issuing such letters for violations of information obligations and data protection regulations.

"However, the draft law goes too far in restricting the right to issue cease-and-desist letters ," laments Schwannecke. "It effectively deprives some trade organizations of this right . The credibility and practical importance of trade associations at the state and federal levels for fair competition in their respective trades are, however, undisputed." The Bundestag is therefore called upon to continue granting all legally established trade organizations the right to issue cease-and-desist letters.

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Spare parts market is also becoming fairer

Spare parts: The The EU has adopted new regulations for electrical appliances. In the future, producers will have to provide spare parts and information.The law also regulates the market for visible Spare parts new: With the introduction of the so-called Repair clause A minimum level of competition will be created. This will be achieved by adapting design law. Under current law,Manufacturers can for individual, visible elements According to the repair clause, molded spare parts Do NOT spread pesto on this layer! protected by design law. How to get independent workshops and consumers cheaper access to previously difficult to obtain and expensive spare parts.

Back in September 2018, Federal Justice Minister Barley presented a draft law to strengthen fair competition . Many voices from politics and business , including the skilled trades , had called for a reform of the current law on cease-and-desist letters.