According to the German Federal Supreme Court (Bundesgerichtshof – “BGH”), companies must substantiate “climate neutral” advertising claims: Where such advertising claims lack sufficient substantiation in direct proximity to the claim, they will likely be considered misleading and, therefore, in breach of the statutory requirements of the German Act against Unfair Commercial Practices (Gesetz
BGH
German Federal Supreme Court: Facebook account passes to heirs
On 12 July 2018, the German Federal Supreme Court (Bundesgerichtshof – “BGH”) ruled that a Facebook user account passes to the user’s heirs (Case no. III ZR 183/17).
This is the first time the BGH has had the opportunity to deal with the provisions of the new EU General Data Protection Regulation 2016/679 (“GDPR”).
While the full judgment has not yet been published, the BGH’s press release of the same date gives some insight into the BGH’s considerations:
Continue Reading German Federal Supreme Court: Facebook account passes to heirs
Right of communication: German Federal Supreme Court applies GS Media to internet search engines
In Thumbnails III, the German Federal Supreme Court (‘BGH’) held that the depiction of so-called thumbnails of pictures available from the internet does not constitute an act of copyright infringement, unless the search engine operator had knowledge of the fact that the copyrighted material had been illegally uploaded. The BGH further stressed that, with regard…