Insights | HÄRTING Rechtsanwälte

Update UWG: Lex Booking enters into force on December 1st of 2022

25. November 2022
by Nicole Beranek Zanon & Olivia Boccali

Online booking platforms will be kept on a tight leash with the new Art. 8a UWG. As of December 1st 2022 parity clauses concerning the price, availability or conditions will be prohibited in contracts between online booking platforms and accomodation providers .

BGH judgment: Online retailers do not always have to disclose information about manufacturers’ warranties

11. November 2022
by Vitorio Dimov

A summary of the BGH decision of 10.11.2022 on the question in which cases online retailers should disclose existing manufacturer warranties to consumers.

KG confirms the cancellation of the “Black Friday” trade mark

9. November 2022
by Konstantin Berlage

Almost exactly one month before the next "Black Friday" sale, there is news again in the trademark dispute about the word mark "Black Friday". A quick refresher: the trademark "Black Friday" had been registered with the German Patent and Trademark Office (DPMA) since 2013. The term itself originates from the USA and now also refers on this side of the Atlantic to the annual sales event in online/offline retail on the Friday after Thanksgiving. This day now marks the start of the Christmas shopping season.

Annual Conference of the International Bar Association 2022

8. November 2022
by Marlene Schreiber, Prof. Niko Härting and others

Every Year the International Bar Association hosts an Annual Conference; this year 2022 in Miami, FL. HÄRTING was represented by Marlene Schreiber, Niko Härting and Martin Schirmbacher.

This is what you have to bear in mind when it comes to VAT in cross-border trade in the EU (EN)

4. April 2022
by Daniel Schätzle & Jermaine Taylor

Since 1.7.2021, new regulations on VAT apply in EU-wide mail order business. In the following, we would like to provide an overview of the effects this has on your tax liability and, furthermore, what this means for the indication of prices.

CNIL judges use of Google Analytics to be unlawful as well

24. February 2022
by Nicole Beranek Zanon, Olivia Boccali and others

After the Austrian data protection authority dsb concluded at the end of last year that the use of Google Analytics is illegal, the French data protection authority CNIL has now come to the same conclusion.

OLG Karlsruhe on gender discrimination when online shopping

1. February 2022
by Dr. Martin Schirmbacher

Germany. On 14.12.2021 (Ref.: 24 U 19/21), the higher regional court in Karlsruhe (OLG Karlsruhe) ruled that a person of non-binary gender identity is dicriminated and violated in her general right of personality, if the person only can choose between "Ms" and "Mr" when shopping online.

Use of Google Analytics violates data protection law! – What follows from the decision of the Austrian data protection authority? And what not? (EN)

20. January 2022
by Erik Petersen

The Austrian data protection authority classifies the use of Google Analytics as contrary to data protection law due to data transfers to the USA. The article gives an overview of the decision and classifies the statements of the supervisory authority.

FINMA Guidance 05/2021 – Preventing and combating greenwashing

21. December 2021
by Nicole Beranek Zanon

In view of the large number of possible sustainability strategies, thematic orientations and due to the lack of general definitions, classifications and measurement methods, establishing transparency for sustainability-related Swiss collective investment schemes poses a problem.