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Republished listings or incompletely corrected sales channels may trigger a contractual penalty demand after an undertaking has been given.

What we examine

  • Review the contract, receipt and acceptance.
  • Examine the alleged breach, fault and amount demanded separately.
  • Check whether multiple findings represent separate breaches.

Key legal considerations

Compliance planning should cover the website, platforms, product feeds, staff and relevant distributors. Document technical processes and corrective steps when a new demand arrives. The special limits in section 13a UWG apply only within their statutory scope.

Illustrative practical example

An automated product feed republishes a listing after a manual correction. The investigation checks the undertaking, technical cause, previous instructions and steps taken to prevent recurrence.

Documents for the review

The undertaking and correspondence, alleged infringements, technical logs, corrective instructions and evidence of 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.

Send us your enquiry

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