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An undertaking can settle a dispute over future conduct while creating contractual obligations lasting many years. Its wording deserves as much attention as the original allegation.

What we examine

  • Define the prohibited conduct and similar acts covered.
  • Review the penalty promise, fault requirements, scope and additional obligations.
  • Plan operational compliance and ensure any required form and receipt.

Key legal considerations

A modified undertaking is not automatically sufficient. If too narrow, it may fail to remove the risk of repetition; if too broad, it creates avoidable obligations. Under the so-called new Hamburg practice, the creditor generally sets a reasonable penalty subject to judicial review. This is not a risk-free solution.

Illustrative practical example

A copyright warning proposes a ban covering every work by a photographer. Review asks how far this extends beyond the actual infringement and what scope is needed to settle it.

Documents for the review

The proposed undertaking, earlier commitments, affected offers and information about technical and organisational implementation.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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