Best Communications & Media Law Lawyers in Goslar

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Goslar, Germany

Founded in 2006
1 people in their team
English
Rechtsanwalt Uwe Bühring is a Goslar-based attorney who advises private clients and organizations in employment, tenancy, and condominium law. Admitted to practice in February 1994, he founded his own practice in July 2006 and holds specialist attorney titles in employment law and in tenancy and...
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About Communications & Media Law in Goslar, Germany

Communications and media law covers the rules that govern press, broadcasting, online platforms, advertising, data protection and copyright matters. In Goslar - as elsewhere in Germany - these rules include federal statutes, European Union regulation and state-level provisions from Lower Saxony. Whether you are a private person, a journalist, a small publisher, a radio or podcast host, an influencer, or a local business, communications and media law affects how you publish, distribute and monetise content, how you collect and process personal data, and how you respond if someone injures your reputation or copies your creative work.

Why You May Need a Lawyer

You may need a specialist lawyer in communications and media law in situations that require legal interpretation, risk assessment or formal action. Common scenarios include:

- Receiving an objection, cease-and-desist letter or abmahnung for alleged copyright infringement, personality rights violations or unlawful advertising.

- Being accused of defamation, libel or insulting someone in print or online and facing demands for retraction, apology or damages.

- Needing to remove unlawful online content, enforce a takedown or obtain a preliminary injunction - einstweilige Verfügung - against a platform or individual.

- Launching a media project such as a local radio station, streaming service or commercial podcast and needing licensing, regulatory clearance or terms of service.

- Handling complex data protection issues like a data breach, DSGVO complaints or communication of personal data across borders.

- Advising on influencer marketing, sponsored content and advertising rules to avoid misleading commercial practices under the Gesetz gegen den unlauteren Wettbewerb - UWG.

- Defending or enforcing intellectual property rights - copyright, neighbouring rights and licensing agreements - including contract drafting and collection of royalties.

Local Laws Overview

Several federal and regional instruments shape communications and media law in Goslar. Key points to know:

- EU General Data Protection Regulation - DSGVO and Bundesdatenschutzgesetz - BDSG: These set the rules for processing personal data. Organisations and individuals who process personal data in Goslar must comply with transparency, lawful basis, data subject rights and security requirements.

- Urheberrechtsgesetz - UrhG: Copyright law protects authors and creators. It covers text, photos, music and other works. Copyright owners can issue cease-and-desist letters, claim damages and demand injunctive relief for unauthorised use.

- Telemediengesetz - TMG: The TMG regulates online services, provider responsibilities, information obligations and limited liability for intermediaries. It is important for website operators, platform hosts and online publishers.

- Netzwerkdurchsetzungsgesetz - NetzDG: This law forces large social media platforms to process complaints about illegal content quickly. It also affects how to file complaints and what remedies are realistic against platform hosts.

- Rundfunkstaatsvertrag - RStV and Landesmediengesetze: Broadcasting is subject to state-level regulation. For Lower Saxony, regional rules and the Niedersächsische Landesmedienanstalt govern licences, advertising limits and youth protection for radio, TV and some streaming services.

- Jugendmedienschutz-Staatsvertrag - JMStV: This treaty sets protections for minors and content classification standards, relevant for broadcasters, streaming services and platforms with user-generated content.

- Gesetz gegen den unlauteren Wettbewerb - UWG: The UWG covers unfair commercial practices and marketing rules. Labeling sponsored content and obeying advertising limits are important for local businesses and influencers.

- Criminal law and personality rights: Defamation, insult and invasion of privacy can trigger criminal complaints under the Strafgesetzbuch and civil claims under personality rights. Remedies include retraction, cease-and-desist and damages.

At the regional level, enforcement and supervisory bodies you may interact with include the Niedersächsische Landesmedienanstalt, the Landesbeauftragte für den Datenschutz Niedersachsen and the Bundesnetzagentur for telecoms matters. Legal disputes are typically decided by civil courts - local matters may start at the Amtsgericht Goslar, with appeals to the Landgericht Braunschweig.

Frequently Asked Questions

What should I do if someone publishes false or defamatory statements about me online?

Document the content - screenshots, URLs, dates and any replies. Send a clear request to the poster to remove or correct the content. If removal is refused or slow, consider a cease-and-desist letter through a lawyer and, for urgent needs, a request for an einstweilige Verfügung. You can also file complaints with the platform under NetzDG if the platform meets the legal thresholds. Keep in mind statutory limitation periods for civil claims.

Can I force a platform to remove copyrighted material that uses my work without permission?

Yes, but the procedure depends on the platform and the nature of the infringement. Start with a formal takedown notice to the platform, specifying your rights and the infringing material. If the platform refuses or does not act, you can pursue a cease-and-desist letter, damages and injunctive relief. For fast action against ongoing harm, a lawyer can seek an einstweilige Verfügung from court.

What rights do I have when a journalist or media outlet publishes personal information about me?

You have personality rights under Art 1 and 2 of the German Basic Law and related case law. The right to privacy limits reporting unless there is a verifiable public interest. Remedies include demanding removal, a correction or retraction, and claiming damages if your rights were infringed. Whether the publisher acted lawfully depends on public interest, factual accuracy and proportionality.

Do I need a licence to start a small local radio show or a podcast in Goslar?

Podcasts that are purely on-demand content typically do not require a broadcasting licence, but rules on copyright, music licensing and advertising still apply. Live radio or services that resemble broadcasting may require coordination with the Niedersächsische Landesmedienanstalt and compliance with state broadcasting regulations. Seek early legal advice to identify licensing needs.

What obligations apply to influencers and sponsored content in Germany?

Influencers must clearly label sponsored content and avoid misleading advertising. The UWG and RStV requirements mean commercial relationships must be disclosed in a visible, understandable way. Failure to disclose can lead to consumer protection claims, warnings from competitors and fines. A lawyer can help draft compliant disclosure practices and contracts.

How does data protection law affect local businesses that collect customer data?

Businesses must have a lawful basis for data processing, provide transparent privacy notices, implement appropriate security measures and respect data subject rights such as access, correction and deletion. For certain activities, a data protection impact assessment and appointment of a data protection officer may be required. Violations of DSGVO can lead to administrative fines by the Landesbeauftragte für den Datenschutz Niedersachsen.

What is an abmahnung and how should I respond to one?

An abmahnung is a formal warning, commonly used to demand cessation of an allegedly unlawful practice - for example copyright or unfair competition issues - and to request payment of costs. Do not ignore it. Check the facts, preserve evidence, and consult a specialised lawyer promptly. In many cases the lawyer can negotiate the wording, reduce or avoid costs, and prevent escalation to court.

Who enforces youth protection rules for media in Lower Saxony?

Youth protection is enforced under the JMStV and regional rules. Broadcast and on-demand services must observe age ratings and programme restrictions. The Niedersächsische Landesmedienanstalt and other supervisory bodies handle complaints and enforcement. For platforms hosting user-generated content, moderation policies should reflect youth protection obligations.

How long does a typical media law dispute take to resolve?

Timelines vary widely. Simple negotiations or takedown requests can take days to weeks. Cease-and-desist and settlement negotiations often span weeks. Court proceedings for injunctive relief can be fast - days to weeks - while full lawsuits for damages or complex copyright cases may take months to years. Early legal advice can shorten the process and identify urgent measures.

How can I find a qualified communications and media law lawyer in Goslar?

Look for lawyers who advertise or specialise in Medienrecht, Urheberrecht or IT and data protection law. Check their experience with cases like yours, client references and whether they have handled similar regulatory or court proceedings. You can also contact the Rechtsanwaltskammer covering the region for referrals and confirm whether the attorney has relevant specialist qualifications. Ask about fees, funding options and expected timelines before instructing counsel.

Additional Resources

When you need more information or want to file a complaint, these are the types of organisations and bodies that can help:

- Niedersächsische Landesmedienanstalt - state media authority for broadcasting and platform supervision in Lower Saxony.

- Landesbeauftragte für den Datenschutz Niedersachsen - state data protection supervisory authority for DSGVO matters.

- Bundesnetzagentur - federal authority for telecommunications and certain online infrastructure issues.

- Deutscher Presserat - self-regulatory body for the press and a venue for complaints about journalistic standards.

- GEMA, VG Bild-Kunst and other collecting societies - for music and visual rights licensing and enforcement.

- Amtsgericht Goslar and Landgericht Braunschweig - local courts where civil actions and injunctions may be filed.

- Rechtsanwaltskammer Braunschweig or the regional bar association - for lawyer referrals and professional conduct information.

Next Steps

If you need legal assistance with a communications or media law issue in Goslar, follow these steps:

- Collect and preserve evidence - screenshots, timestamps, contracts, correspondence and publication details. Make multiple backups.

- Establish your objectives - do you want removal, correction, damages, an injunction, licensing or compliance advice?

- Seek preliminary guidance from a specialised lawyer - many offer an initial consultation to assess risk and options. Ask about fees and time estimates up front.

- Consider urgent court relief - if content is causing immediate harm, a lawyer can pursue an einstweilige Verfügung to freeze the harm while the case proceeds.

- Use regulatory complaint channels when appropriate - platforms, the Landesmedienanstalt, the data protection authority or the Presserat can provide remedies or investigations.

- Evaluate cost and funding options - legal costs follow the Rechtsanwaltsvergütungsgesetz - RVG - and court fee rules; legal aid - Beratungshilfe or Prozesskostenhilfe - may be available in qualifying cases.

- If you are a business or content professional, establish preventive measures - clear contracts, model releases, licensing agreements, privacy policies and a compliance checklist for advertising and influencer disclosures.

If you are unsure where to start, prepare a concise summary of the incident, relevant documents and your desired outcome, and contact a local communications and media law specialist in Goslar or the surrounding region for tailored legal advice.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.