Internet Law Table of Contents (Publisher)
| A. | Legal and economic foundations of the Internet | a) | Differentiation in technical terms | 1. | Characteristics of the Internet economy | a) | Advertising on the Internet (one-to-one marketing) | b) | Electronic contract conclusion and conventional delivery | c) | Electronic distribution | B. | Contract initiation and conclusion via the World Wide Web and e-mail | 1. | Electronic declarations of intent | 3. | Types of contract initiation | II. | Conclusion of a contract via the website | 1. | Offer or invitatio ad offerendum | a) | Principle of interpretation | III. | Conclusion of contract by email | IV. | Cancellation of the contract | 1. | Errors of the customer or the supplier | 2. | Errors during data transmission | 5. | Cancellation of distance contracts | C. | Inclusion of general terms and conditions | I. | Applicability of the provisions on general terms and conditions | 1. | Pre-formulation for a large number of contracts | 2. | Differentiation from individual agreements | 3. | "Positioning" of the GTC by the internet provider | II. | Inclusion of GTC in the contract | 1. | Explicit reference to GTC | 2. | Possibility of reasonable knowledge | III. | Content review of GTC | D. | Formal requirement and electronic signature | I. | Principle of freedom of form | 1. | Functions of the written form | 2. | Written form and new media | II. | Legal situation due to the Signature Act in the version of 22 July 1997 | III. | Legal situation due to the Signature Act in the version of 16 May 2001 | 2. | Types of electronic signatures | a) | Simple electronic signature | b) | Advanced electronic signature | c) | Qualified electronic signature | IV. | Adaptation of the formal requirements in private law | E. | Information obligations of the internet provider | II. | Law on distance contracts (§§ 312b ff. BGB) | 1. | Personal scope of application | 2. | Material scope of application | a) | means of distance communication | b) | Subject matter of the contract | c) | Distribution or service system organised for distance selling | aa) | Distance learning contracts | bb) | Contracts for part-time use of residential property | cc) | Financial transactions and their brokerage | dd) | Contracts for the sale of real estate | ee) | Contracts for the supply of consumer goods | ff) | Contracts for tourism services | gg) | Vending machine contracts | hh) | Contracts for the use of public telephone facilities | 3. | Information obligations of the internet provider | a) | Prior information under fair trading law (312c para. 1 BGB) | aa) | Origin of the obligation to provide prior information | b) | Information obligations under civil law before conclusion of the contract | cc) | Content of the information obligations | aaa) | Transparency requirement | bbb) | Timing of the information | ccc) | Characteristics of the performance and formation of the contract | eee) | Reservation of performance | ggg) | Delivery and shipping costs | hhh) | Details of the fulfilment of the contract | iii) | Right of cancellation and return | jjj) | Costs of distance communication | kkk) | Validity of limited offers | c) | Documentation obligations after conclusion of the contract | cc) | Content of the information obligations | aaa) | Details of the right of cancellation and return | bbb) | Addresses of the trader | ccc) | Customer service, warranty and guarantee conditions | ddd) | Terms of cancellation | eee) | Exceptions for distance communication services | III. | Law on electronic commerce (Section 312e BGB) | 1. | Personal scope of application of § 312e BGB | 2. | Material scope of application | a) | Contract in electronic commerce | b) | Obligations of the supplier | aa) | Provision of technical means | bb) | Duty to provide information | cc) | Confirmation of access | dd) | Provision of contractual terms and conditions | c) | Sanction for breach of duty | V. | Other information obligations of the internet provider | 3. | Commercial and company law | F. | Consumer cancellation and return rights | II. | Regulatory content and systematics of §§ 355 ff. BGB | 1. | Exercise and effect of the right of cancellation | 2. | Content and form of the cancellation notice | c) | Form and content of the cancellation policy | d) | Uniform cancellation period | a) | Requirements of § 356 S. 2 BGB | cc) | Possibility to take note of the prospectus | b) | Exercise of the right of return | aa) | Return by sending back the goods | bb) | Return by requesting the return of goods | cc) | Return period and liability | III. | Legal consequences of cancellation and return | 1. | Reference to the right of cancellation | a) | Legal consequences of the cancellation | aa) | Mutual obligation to return | bb) | Costs and risk of return | cc) | Liability of the consumer | 1. | Connection of the contracts | 2. | Consequences of cancellation for linked contracts | 3. | Objections to linked contracts | V. | Distance selling law (§§ 312b ff. BGB) | 1. | Cancellation rights of the consumer under distance selling law | a) | General requirements for the cancellation period | b) | Start of the cancellation period for deliveries of goods | c) | Start of the cancellation period for services | e) | Duration of the cancellation period | aa) | Duration of the deadline for the delivery of goods | bb) | Duration of the deadline for services | a) | Customised products and perishable goods | b) | Records and software protected by copyright | c) | Newspapers, periodicals and magazines | d) | Betting and lottery services | 1. | Distance selling instalment transactions | 2. | Agreements for delivery by instalments | VII. | Law on electronic commerce (Section 312e BGB) | G. | Competition law requirements | I. | Act against Restraints of Competition (GWB) | 2. | Internet-specific cartel problems | II. | Act against Unfair Competition (UWG) | a) | Acting in the course of trade | b) | competitive relationship | c) | Acting for the purposes of competition | 2. | General clauses of competition law | a) | Large general clause § 3 UWG | aa) | Unsolicited e-mail advertising (spamming) | aaa) | National legal situation | bbb) | Influences of European law | bbb) | Generic terms as domain names | cc) | Violation of information and verification obligations | H. | Special business models | 1. | Admission under commercial law | 2. | Effectiveness of the conclusion of the contract | 3. | Internet auctions as distance selling transactions | 4. | Obligations in electronic commerce | 5. | Classification under competition law | a) | UWG and trade regulations | b) | UWG and Price Indication Ordinance | c) | The special case: reverse auctions | 6. | Liability for online auctions | a) | Presentation of goods as third-party information | b) | Knowledge in the sense of § 11 TDG | c) | Liability for interference with Internet platform auctions | a) | UNFAIR COMPETITION ACT | aa) | Exploitation of the desire to play | b) | Price Indication Ordinance | I. | Cross-company buying and selling portals | 1. | Horizontal and vertical marketplaces | III. | Legal relationships of the parties involved | IV. | Compatibility with antitrust law | 3. | Further decisions of the Federal Cartel Office | 4. | European antitrust law | V. | Example of the IHK Hannover | 1. | Liability of the operator for own services | 2. | Liability of the operator for content | J. | Civil liability of the service provider | II. | Differentiation of the TDG from the MDStV | 1. | Distinction in the literature | 3. | Statement of the Federal Government | 4. | Blocking orders against access providers | IV. | Dogmatic categorisation of the liability regulations | VI. | Liability regulations | 1. | Liability for own content (§ 8 para. 1 TDG n.F.) | 2. | Liability of the service provider (§ 11 TDG) | 3. | Liability of access providers (Section 9 TDG) | VII. | Liability under competition law regulations | 1. | Responsibility of ebay | 2. | Liability of the access provider | VIII. | Liability for links | 2. | Classification in § 5 para. 1-3 TDG a.F. | 6. | Copyright aspects of links | a) | Copyright relevant act | b) | The European Copyright Directive | IX. | Country of origin principle | K. | Tax law and the Internet | 1. | Income from business operations | 2. | Income from self-employment | 3. | Income from letting and leasing | 1. | Proposals for taxation | 2. | Legal situation under current law | 3. | Commission proposal for a directive | 4. | Legal situation after adoption of the Directive | L. | Conflict of laws/private international law (IPR) | II. | International jurisdiction | 1. | Legal situation under EU law | aa) | Place of jurisdiction of the place of fulfilment | bb) | Place of jurisdiction for consumer cases | 2. | Legal situation under the Lugano Convention | aa) | Place of jurisdiction of the place of fulfilment | bb) | Place of jurisdiction for consumer cases | 4. | Agreements on jurisdiction | a) | Jurisdiction agreement under the Lugano Convention | b) | Jurisdiction agreement according to EuGVO | c) | Jurisdiction agreement in other cases | III. | International contract law | 2. | Choice of law (Art. 27 EGBGB) | 3. | Connection (Art. 28 EGBGB) | 4. | Consumer contract law (Sections 29, 29a EGBGB) | M. | Stock corporation law and new media * | II. | Internet-based and virtual general meeting | a) | Function of the general meeting | b) | Presence at the Annual General Meeting | c) | Disparity between private and institutional investors | d) | Conducting the Annual General Meeting via the Internet | e) | Legal requirements for the use of the Internet | 2. | Preparation of the Annual General Meeting | a) | Convening the Annual General Meeting | aa) | Electronic Federal Gazette | bb) | Electronic information media | cc) | Private announcements | b) | Further information about the Annual General Meeting | aa) | Announcement of the agenda, proposed resolutions, etc. | aaa) | "Notification" pursuant to Section 125 para. 2 no. 3 AktG | bbb) | "Passing on" in accordance with Sections 125 para. 1, 128 para. 1 AktG | ccc) | Convening the Annual General Meeting in accordance with Section 121 para. 4 AktG | bb) | Documents on the items on the agenda | cc) | Countermotions and election proposals | aaa) | Announcement of countermotions pursuant to Section 126 (1) AktG | bbb) | Announcement of election proposals pursuant to § 127 AktG | 3. | Conduct of the Annual General Meeting | a) | Voting by proxy at the Annual General Meeting | aa) | "Organised proxy voting" pursuant to Section 135 AktG | aaa) | Granting of the power of attorney | bbb) | Presentation and safekeeping of the proxy authorisation document | ccc) | Duration and content of the proxy authorisation | ddd) | Right of the shareholder to issue instructions | bb) | Individual representation pursuant to Section 134 (3) AktG | aaa) | Granting of the power of attorney | i. | Statutory written form requirement | ii. | Facilitation of the form of authorisation by the articles of association | bbb) | Legitimisation of the authorised representative at the Annual General Meeting | ccc) | Instructions for the exercise of voting rights | ddd) | Legal consequences of incorrect authorisations | cc) | Proxies appointed by the company | aaa) | Granting of the authorisation | bbb) | Legitimisation of the proxy | ccc) | Duration and content of the proxy authorisation | ddd) | Issuance of instructions | dd) | Proxy authorisation during the Annual General Meeting | ee) | Risk of unauthorised double representation | b) | Broadcasting the Annual General Meeting on the Internet | bb) | Practical experience and technical effort | c) | Shareholders' right to ask questions and obtain information | d) | Obligation of the members of the management to be present | III. | Virtual Annual General Meeting | IV. | Relaxation of the formal requirements | 1. | Resolution of the Supervisory Board pursuant to Section 108 AktG | a) | Distinction between supervisory board resolution and meeting | b) | Admissible forms of passing resolutions | aa) | Adoption of resolutions within face-to-face meetings | bb) | Adoption of resolutions outside of face-to-face meetings | dd) | Written voting in accordance with Section 108 (3) AktG | 2. | Mandatory meetings pursuant to Section 110 (3) AktG |
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