Best E-commerce & Internet Law Lawyers in Aurich

About E-commerce & Internet Law in Aurich, Germany

E-commerce and internet law in Aurich follows German national law and applicable European Union law. Whether you run an online shop from Aurich, sell through a marketplace, operate a website with user accounts, or offer digital services to customers in Germany, the same core rules apply - consumer protection in the German Civil Code - BGB, privacy and data protection under the EU GDPR and the federal BDSG, telemedia rules including the imprint obligation, and rules on unfair competition and product safety. Local authorities and courts in Aurich enforce these rules in practice. For routine business formalities you will also deal with local institutions such as the Gewerbeamt in Aurich, the local chamber of commerce, and the Amtsgericht Aurich for court matters at first instance.

Why You May Need a Lawyer

You may need a lawyer if you face any legal risk or dispute that could affect your business continuity, finances, or reputation. Common situations include:

- Drafting and reviewing terms and conditions, return policies, and contracts with customers or suppliers so they comply with German consumer law.

- Preparing a lawful privacy policy, cookie banner and data processing agreements to meet GDPR and BDSG obligations.

- Responding to consumer complaints, chargebacks or warranty claims and negotiating settlements.

- Handling marketplace account suspensions, platform warnings, or takedown notices.

- Dealing with product liability questions, recalls or safety notifications.

- Defending or sending cease-and-desist letters for intellectual property infringement, unfair competition or defamatory reviews.

- Managing cross-border sales issues, EU VAT compliance and invoicing questions for online sellers.

- Responding to data breaches, notification duties and potential supervisory authority investigations.

- Litigating in civil courts or applying for interim relief, for example to stop unauthorized use of brand or content.

Local Laws Overview

Key legal frameworks that affect e-commerce and internet activities in Aurich include:

- GDPR and the Federal Data Protection Act - BDSG: govern personal data processing, require lawful basis, data subject rights, breach notifications and technical-organisational measures.

- Telemedia Act - TMG: sets provider information obligations including the Impressum requirement, certain duties on service providers and rules on storage of user data for service provision.

- German Civil Code - BGB: contains consumer protection provisions for distance contracts, right of withdrawal, information duties, rules on formation of electronic contracts and general terms and conditions - AGB law.

- Price Indication Regulation - PAngV: requires clear price display including VAT and any additional costs.

- Act against Unfair Competition - UWG: prohibits misleading advertising and unfair business practices, often used in disputes over advertising, product descriptions and online marketing.

- Product Safety Act - ProdSG and other sector rules: apply to products sold online, including labelling and conformity obligations.

- Network Enforcement Act - NetzDG: creates specific obligations for social networks and handling of illegal content, relevant if you run a platform with user generated content.

- Commercial and tax rules: Handelsgesetzbuch for merchants, VAT rules for online selling including intra-EU supplies, and local registration requirements via the Gewerbeamt and Handelsregister.

Enforcement may involve local authorities in Lower Saxony, supervisory authorities such as the Landesbeauftragte für den Datenschutz Niedersachsen for data protection matters, Verbraucherzentrale for consumer complaints, and the regular courts including Amtsgericht Aurich for many civil disputes.

Frequently Asked Questions

Do I need an Impressum for my website or online shop?

Yes. Under German law you must provide clear provider identification - the Impressum - on a commercially used website or online shop. The Impressum should include the business name, legal form, postal address, contact information including telephone or email, and where applicable the trade register entry and VAT identification number and the supervisory authority. The information must be easy to find.

What privacy and cookie rules apply to my site?

You must comply with the GDPR and the BDSG when processing personal data. That includes publishing a data protection notice that explains what data you collect, for which purpose, and on what legal basis. For cookies and tracking that are not strictly necessary for the service, you generally need prior informed consent from users. You should also provide mechanisms for users to exercise their data subject rights.

What are consumer cancellation rights for online sales?

Consumers in Germany generally have a 14-day right of withdrawal for distance contracts with some exceptions - for example for sealed digital content once download begins, perishable goods, and personalised items. You must provide pre-contractual information about the right of withdrawal and a withdrawal form, otherwise the withdrawal term may be extended. Refunds must usually be made promptly after withdrawal.

How long is the warranty period for goods sold online?

Statutory warranty - Gewährleistung - for consumer goods in Germany is two years from delivery. For the first six months, defects are presumed to have existed at delivery unless the seller can prove otherwise. You may offer additional commercial warranties, but you cannot contractually reduce the statutory warranty period for consumers.

Can I use standard template terms and conditions?

Yes, but templates must be adapted to your specific business and must comply with BGB and AGB rules. Many standard clauses are invalid if they unfairly disadvantage consumers. A lawyer can tailor and check templates to reduce the risk of later invalidity or a competitor using the UWG to send a warning.

Who is liable if I sell via a marketplace?

Liability depends on the facts. If you are the seller, you remain responsible for product conformity, consumer rights and data processing relating to the sale. Marketplaces may also have obligations or act as platforms that can be targeted in some cases. Contractual relationships and the specific marketplace terms are important to determine liability.

What should I do if I receive a cease-and-desist letter?

Do not ignore it. These letters can include a claim and a threat of court action and costs. Check the substance with a lawyer experienced in internet and competition law. In many cases early response or correction can avoid litigation, but you must act quickly to respect any time limits for filing a response.

How do I handle a data breach affecting customer data?

If personal data is breached you must assess whether the breach is likely to result in a risk to data subjects. If so, you must notify the supervisory authority within 72 hours and inform affected data subjects when there is a high risk to their rights and freedoms. Preserve evidence, contain the breach, and take remedial steps. A lawyer or data protection expert can help coordinate notifications and limit legal exposure.

What can I do about unfair negative reviews or defamatory content?

If a review is factually incorrect, defamatory or violates applicable rules, you can request removal from the platform and assert claims for retraction or damages if appropriate. Platforms often have procedures for complaints. If content is illegal and the platform does not act, legal steps including injunctive relief may be necessary. Document the content and seek legal advice early.

Where do I bring a lawsuit if I have a dispute as a business in Aurich?

Many civil disputes start at the local court - Amtsgericht Aurich - depending on value and subject matter. More complex or higher value disputes may go to a regional court. Jurisdiction rules also consider the contractual clauses between parties and where the defendant is domiciled. A lawyer in Aurich can advise which court is appropriate and handle filings and representation.

Additional Resources

Helpful local and national resources include:

- Industrie- und Handelskammer Ostfriesland und Papenburg - for business guidance and templates.

- Verbraucherzentrale Niedersachsen - consumer complaints and guidance.

- Landesbeauftragte für den Datenschutz Niedersachsen - supervisory authority for data protection questions in Lower Saxony.

- Amtsgericht Aurich - local court for civil and commercial disputes at first instance.

- Gewerbeamt Stadt Aurich - for business registration and local permits.

- Handelsregister - for company registration records handled by the local court.

- Bundesnetzagentur - for telecoms and certain internet service issues.

- Rechtsanwaltskammer Oldenburg - for information on registered lawyers and specialization.

- European Consumer Centre Germany - for cross-border consumer disputes in the EU.

- Model templates and guidance by chambers of commerce and consumer protection bodies - useful starting points but should be reviewed by a lawyer for your specific case.

Next Steps

Follow these practical steps if you need legal assistance:

- Identify and document the issue - collect contracts, screenshots, emails, order numbers, and any relevant records.

- Use free guidance from local bodies such as the IHK or Verbraucherzentrale to understand basic obligations and possible remedies.

- If the matter involves personal data, secure systems and preserve evidence - consider immediate technical containment.

- Seek a lawyer who specialises in e-commerce and internet law. Check the regional bar association or ask the IHK for recommendations. Look for experience with the specific issue - consumer law, data protection, intellectual property or platform disputes.

- Discuss fees and whether the matter is suitable for a written fee agreement or covered by legal expenses insurance. In many cases you can arrange a first consultation to assess options.

- Consider urgent interim measures if needed - for example an injunction against continuing infringement or an emergency court order - which a lawyer can request quickly.

- If appropriate, consider alternative dispute resolution or mediation to save time and costs before litigating.

Getting tailored legal advice early helps reduce risks and provides a clear path for resolving disputes and ensuring compliance with German and EU e-commerce rules. If you are located in Aurich, choose a lawyer familiar with local procedures and authorities to ensure efficient handling of your case.