Online law – who does it apply to?
In today’s digitalized world, the internet plays a central role in our daily lives. From online shopping to social media to business transactions – the online world offers countless opportunities and conveniences. But with these opportunities come legal challenges and responsibilities. Online law, a broad area of law, therefore affects a multitude of stakeholders. But who exactly does it affect, and how can companies protect themselves with online law? You’ll learn all about it in this article!
What is an online law?
Online law is a broad legal field that governs many aspects of digital life and online activities. It comprises various specialized areas of law, each addressing specific domains and issues.
Online law is particularly composed of the following areas of law:
1. Internet law
Internet law addresses the legal framework specifically regulating the use of the internet. It particularly covers topics such as domain law, which governs the registration, use, and protection of internet domains. At the same time, it also includes provider law, which deals with the rights and obligations of internet service providers.
2. Data Protection Law
Data protection law consists of the European General Data Protection Regulation (GDPR) as well as a number of national laws. This includes, in particular, the Federal Data Protection Act (BDSG) and the Telecommunications and Digital Services Data Protection Act (TDDDG). The field of law protects personal data and regulates its processing, collection, and storage. Key aspects include data protection warnings and fines issued due to violations within a company or on websites. In data protection law, the technical implementation of legal requirements is also extremely important and must not be overlooked.
3. Copyright Law
Copyright law protects intellectual property and creative works (also) in the digital space. It encompasses the protection of texts, images, music, and videos and regulates the use and distribution of creative works. Furthermore, licenses and usage rights, governed by individual contracts, play a major role in the online world.
4. Competition Law
Competition never sleeps, so applicable competition law must also be observed. This area promotes fair competition and protects against unfair business practices. This is done primarily through the Unfair Competition Act (UWG). This also regulates the legality of advertising statements on websites and the admissibility of online reviews. In addition, the protection of trademarks and trademarks through trademark law on the Internet also plays a significant role.
5. E-Commerce law
During the COVID-19 period, online retail experienced a significant boom! Legislation and case law had to adapt quickly. The result is the complex framework of e-commerce law. Product-specific information obligations play a particularly important role, encompassing all information that must be provided to consumers (e.g., imprint requirements, instructions on the right of withdrawal). In addition, strict German case law requires that the technical implementation of online sales must also comply with legal principles. Furthermore, individual provisions for online contracts, such as general terms and conditions (GTCs) and terms of use, are key elements of this area of law.
6. Telecommunications and Media Law
Telecommunications and media law governs the transmission of information via telecommunications networks and through telemedia, including the internet. Like online law as a whole, this area is highly dynamic. As recently as May 2024, the names of relevant laws—and consequently the underlying legal frameworks—were changed, a typical and easily overlooked development that can lead to warnings if the law references are not correctly updated in the applicable legal texts.
7. IT Security Law
In addition to data protection, IT security plays an increasingly important role in online law. IT security law ensures the safety of IT systems and data, and it applies even to small businesses. It particularly includes the IT Security Act, which legally regulates the protection of IT infrastructure and defense against cyberattacks. There are also numerous obligations to report IT security incidents. As IT security advisors, we always stay up to date in this area!
Online law is a complex and diverse legal field that covers many aspects of digital life. From data protection and copyright law to IT security, it provides a legal framework for the challenges of the digital world and is equally relevant for consumers, businesses, and the self-employed. Its development is highly dynamic and strongly influenced by current case law.
Who does online law affect?
Online law affects a wide range of stakeholders. For consumers, it ensures protection and rights in the digital space, while for businesses and self-employed individuals, it provides guidelines and obligations for legally compliant design of their digital offerings and content. As digitalization continues to advance, staying up to date with developments in online law becomes increasingly important to avoid legal pitfalls and operate safely in the digital environment.
Consumers and Users
Consumers and general internet users most frequently encounter online law. This group naturally includes all online shoppers—customers who purchase goods or services over the internet. They must be able to rely on compliance with legal consumer protection regulations, including the right of withdrawal, warranties, and data protection.
Social network users are also often confronted with issues of personal rights, data protection, and copyright. Insults, cyberbullying, and the unauthorized use of images are the basis for frequent legal issues. The internet is not a lawless space—legal measures exist to strictly prevent and address such misconduct.
Every user of online services, such as online banking, streaming platforms, or cloud storage, regularly encounters security and data protection policies. Protecting these users plays a crucial role.
Companies and retailers
Online law is of fundamental importance for companies, online retailers, and every online business. They must deal with a multitude of regulations to operate legally compliantly. Online retailers must ensure compliance with these regulations, including the imprint requirement, information obligations, terms and conditions, data protection regulations, and the right of withdrawal. Companies that offer digital services or operate online platforms must also ensure that their services comply with legal requirements, particularly with regard to data protection, copyright, and consumer protection.
Creatives and Copyright Holders
Online law is particularly relevant for creative professionals such as authors, musicians, photographers, artists, and designers, as they often need to distribute and protect their works online. Copyright holders must ensure that their works are not used or distributed without permission and, if necessary, take action against copyright infringements. In the digital world, content creators are equally affected. They must ensure that the content they produce for blogs, YouTube, or social media does not infringe on third-party copyrights while simultaneously protecting their own rights.
IT Professionals, Developers, and Web Designers
IT professionals and software developers are also directly affected by online law. Software developers must ensure that their software complies with legal requirements, particularly regarding data protection and security. Often, they are required to enter into various contracts if they want to make their products available online, with end-user license agreements (EULAs) playing a key role in app stores. IT security experts must also ensure that IT infrastructures comply with legal requirements for data security and protection. Web designers frequently encounter legal issues indirectly through the projects they manage, particularly regarding data protection and the legal compliance of the websites and platforms they create. We collaborate with web designers to provide comprehensive, service-oriented legal protection for their clients.
Are you a web designer and want to offer your customers a comprehensive service? Get in touch with us for a partnership!
How can businesses and self-employed individuals protect themselves under online law?
To protect themselves under online law, entrepreneurs and self-employed people should follow the following steps:
Comply with data protection
Provide a comprehensive, customized, and easy-to-understand privacy policy tailored to your website or online shop— even an incomplete privacy policy constitutes a data protection violation. Additionally, obtain explicit user consent for data processing and implement technical and organizational measures to ensure data security within your business.
Provide an Imprint and Legal Information
Provide a complete and easily accessible imprint. Create clear and understandable general terms and conditions (GTCs) that are fair, legally compliant, and also protect you as the provider in case of disputes. Additionally, provide sufficient information about consumers’ right of withdrawal.
Respect Copyright Law
Use only content for which you have the appropriate usage rights and licenses. This protects you from costly warnings and even fines.
Ensure IT Security
Implement appropriate technical and organizational measures to protect your IT systems and collected data. If you employ staff, you are also obligated to train them.
Monitor Legal Changes
Stay informed about legal changes and new case law in online law, and adjust your business processes and legal documents accordingly. Keep in mind that there is often no grace period for implementing legal obligations—these duties take effect as soon as a new law comes into force.
Conclusion
By implementing the aforementioned measures, entrepreneurs and self-employed individuals can minimize legal risks and operate legally compliantly in the digital space. Understanding and complying with online law are crucial for long-term success and legal certainty in the digital age.
We are happy to provide you with further information or legal advice and support at any time. Write to us!