Anyone who stores customer data without a business relationship, has their own website, or operates an online shop should definitely take a look at the new EU-wide rules. (Photo: © qwasyx/123RF.com)
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July 27, 2018
Crafts 4.0: The new General Data Protection Regulation (GDPR) has caused quite a stir in recent weeks. But there are many other laws that craft businesses must comply with.
As digitalization progresses, companies are increasingly faced with a growing number of laws that must be observed when processing digital data and on the internet. These range from the Telemedia Act, copyright and trademark law, to the General Data Protection Regulation. To avoid legal consequences or warnings from competitors, every skilled trades business should be familiar with the most important regulations.
Almost no craft business is spared from the General Data Protection Regulation, which came into force on May 25, 2018: Anyone who stores customer data even without a business relationship, has their own website, or operates an online shop should definitely familiarize themselves with the new EU-wide rules. Many passages will likely be familiar to businesses, as German law served as a model for many of the regulations. Nevertheless, there are details and requirements that have changed or been added. For example, businesses that regularly process personal data must document their processes, for example, in a "register of processing activities." Furthermore, an internal or external data protection officer must be appointed if at least ten people in the company constantly process personal data electronically – for example, on PCs, smartphones, or tablets.
Anyone doing business online should consider the current version of the German Civil Code (BGB): According to this code, traders are obligated to inform consumers in advance of all material aspects of a contract when concluding a distance selling contract with them. At the same time, a uniform EU-wide cancellation period of 14 calendar days applies to many goods, provided the customer has received correct cancellation instructions. If the instructions are incorrect, the right of cancellation only expires after 12 months and 14 days – provided the conditions for the start of the period are met. If a company ships goods to end consumers, the German Packaging Ordinance (Verpackungsverordnung) must be observed: This stipulates, among other things, that companies may only use sales, outer, and transport packaging that has been registered or licensed with a dual disposal system. The same applies to filling materials.
Craft businesses with their own website or online shop must also comply with many other legal requirements. The Telemedia Act, for example, regulates which information must be included in the imprint. In most cases, this includes name and address, information for quick electronic contact including an email address, information about the chamber of commerce, legal job titles and professional regulations, as well as a VAT or business identification number. Depending on the company's legal form, additional information may also be required. Furthermore, certain regulations apply to "commercial communication" – including email: For example, the natural or legal person on whose behalf the communication is made must be clearly identifiable.
Operations management
Operations management
Operations management
Companies should also strictly observe copyright law: It prohibits the use of copyrighted content on their own websites. This includes, for example, texts, photos, graphics, videos, music, or databases that represent the personal intellectual creation of third parties. Trademark law must also be observed, as it grants the respective owner of a trademark the exclusive right of use. Registered word, word/image, and image trademarks—for example, brand names, logos, and similar combinations—are eligible for protection. Therefore, using third-party brand names in one's own internet address (domain) can constitute an infringement.
All of the above-mentioned laws are available online in full (see table) and contain further detailed rules, restrictions, and considerations. Therefore, it is advisable for businesses to read the regulations and check which points apply to their own business – and how the requirements can be implemented. This list is not exhaustive: There are many other laws in Germany that apply to the internet and data handling. If you have any questions or are unsure, businesses should seek advice from local chambers of crafts, trade associations, or lawyers.
Warned – what to do?
Take care of it immediately: If you do nothing, the person issuing the warning may apply for an injunction, which will result in further costs for you.
Don't make a spontaneous admission of guilt—either verbally or in writing. This would diminish your chances of negotiating and successfully defending yourself.
Do not sign the cease and desist declaration immediately: Perhaps the warning is unjustified or the costs and penalties mentioned are too high.
Check the legitimacy of the warning: A warning usually contains a set of facts and a resulting legal classification. Therefore, consulting a lawyer, for example, one specializing in intellectual property law or IT law, is advisable in most cases and provides greater legal certainty.
Negotiate the amount of the warning notice fees: Sometimes the issuing of a cease and desist declaration is more important to the person issuing the warning notice, so a concession on the warning notice fees is possible.
Observe specified deadlines: If the warning letter contains specific deadlines, you should definitely observe them. If the deadlines are very short, an extension can often be negotiated with the person issuing the warning letter.
Important technical terms
E-mail
Abbreviation for "Electronic Mail" (electronic mail), refers to the exchange of digital messages over the Internet.
Distance selling
A consumer contract for the supply of goods or services by means of distance communication, for example by telephone, fax or internet.
Internet address (domain)
The address at which a website can be reached on the Internet, for example, www.meinbetrieb.de. ".de" stands for German websites, while international companies often use the ".com" ending.
Telemedia
The legal term "telemedia" covers electronic information and communication services – excluding telecommunications and broadcasting.
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