Pflichten - Rechte
Personality Rights
Personality rights are fundamental rights that protect every person from violations of their dignity, identity, honor, privacy, and right to self-determination.
They are part of general human rights and are therefore protected by the German Basic Law (Articles 1 and 2 of the Basic Law).
Right to Self-Determination:
You have the right to decide for yourself which personal data may be collected, stored, used, or shared.
No one else may make decisions about or control your personal data unless this has been legally permitted and you have given your consent voluntarily.
Right to One’s Own Image:
No one may take photos or videos of you without your explicit consent.
If someone violates this right, they may be committing a criminal offense because they are violating your “right to your own image.” This can lead to a criminal complaint being filed with the relevant authorities.
Right to Honor and Reputation:
You may not be insulted, verbally abused, defamed, or have your reputation damaged. These rights are also protected as part of personality rights.
If someone violates these rights, the person concerned or the company may face legal consequences.
Right to Privacy:
Your private and family life is protected against “unauthorized interference.” This also includes diaries, the confidentiality of correspondence, telephone calls, etc. These protections are established by law. Violating these rights may constitute a criminal offense.
Right to the Inviolability of the Home:
No one may enter your home without a legally valid reason. Authorities may only enter your home without your consent if they have the necessary legal authorization or, under certain circumstances, there is a specific suspicion that justifies entry. Otherwise, this may constitute a criminal offense and can result in fines or other penalties.
Right to Identity and Name:
You have the right to decide what you are called, and your name may not be misused.
Right of Reply:
If false information about you is published, for example by the press, you can demand a right of reply. The relevant parties may be required to provide information, correct the false information, or delete certain information.
Examples of Violations of Personality Rights:
Examples of violations of personality rights include the unauthorized publication of photos on social media, spyware apps on your phone, defamation or false information on the internet or in the press, surveillance cameras operated by neighbors that monitor your property, and “doxxing” (publishing private information online).
What can I do if one or more of my personality rights have been violated?
If one or more of your personality rights have been violated, you can, for example, issue a formal warning to the person or persons concerned, either in writing or verbally. You can also demand a cease-and-desist declaration, claim damages including compensation for pain and suffering where applicable, file a criminal complaint with the competent authority (e.g. the police or public order office), seek legal assistance from a lawyer, or contact the network operator or the responsible person to request that publicly available data be deleted.
Legal Notice Requirement
What is a Legal Notice?
A legal notice is legally required provider information on websites or other digital media.
It contains important information about the responsible person or company so that users know who is behind the website or service and how to contact them.
Who needs a Legal Notice?
Companies and freelancers, bloggers or influencers who do not act purely privately (e.g. if they advertise or promote products), associations that regularly publish content, operators of online shops, and websites containing journalistic or editorial content are required to have and provide a legally compliant legal notice.
What does the Legal Notice Requirement mean?
The legal notice requirement means that websites or online platforms must contain a legal notice that is easy to find and permanently available.
In Germany, there is a legal obligation to provide certain contact and identification details on a website or similar platform. This serves transparency and legal traceability, for example in connection with business communication or legal violations. In Germany, this was regulated under Section 5 of the German Telemedia Act (TMG).
What information must a Legal Notice contain?
A legal notice must include the full name of the responsible person or company, no fake or fictional names, as well as a valid address for legal service. A P.O. box is generally not sufficient.
It should also include contact information such as an email address, telephone number, or contact form, as an email address alone is usually not sufficient.
Authorized representatives should also be listed, particularly for legal entities, associations, organizations, or limited liability companies.
Where applicable, the relevant register entry, such as an entry in the Commercial Register or Register of Associations, and the VAT identification number should also be provided.
For activities requiring official authorization, such as real estate agents, lawyers, or similar professions, the relevant supervisory authority must also be identified.
Where must the Legal Notice be located?
The legal notice should always be easy to recognize and find, for example as a separate menu item or clearly visible on the main page.
It should also be immediately accessible without extensive searching, ideally with just one click from every page, and should always be transparently available and visible.
What are the consequences of violations?
Violations can result in formal warnings, fines or other penalties, reports, criminal complaints, and even court proceedings.
The consequences depend on the type and extent of the violation and are determined by the law enforcement authorities or the court.
Who does not need a Legal Notice?
In principle, websites that are subject to the relevant legal requirements need a legal notice, including influencers who publicly engage in advertising.
Private individuals and websites used exclusively for private purposes, without any commercial or public-facing content, may be exempt from the legal notice requirement.
For example, if a private individual uses a website only for family and friends or for holiday and family photos, a legal notice may not be required.
However, as soon as advertising or editorial content is included on a website, the legal notice requirement may also apply to private individuals.
Clear and Understandable General Terms and Conditions (GTCs)
The GTCs contain the basic contractual terms between a company and its customers.
They should be structured clearly, understandably, and transparently so that the agreed terms can be easily understood.
Why are understandable GTCs important?
They provide clarity about the contractual conditions and clearly explain the rights and obligations of both parties.
They also help prevent misunderstandings and conflicts.
What should you pay attention to?
- Clear and easy-to-understand language
- Clear information about prices, contract terms, and cancellation periods
- Transparent information about withdrawal rights, liability, and data protection
Note
Contractual clauses that are unclear or that unreasonably disadvantage consumers may be legally invalid.
Therefore, the GTCs should be read carefully before entering into a contract, and any open questions should be clarified in good time.
