Business Emails

Since introduction of the law on electronic commercial register and cooperative and the business register (EHUG) are obliged to nominate certain information in trade letters traders are also business emails. The question of whether the absence of such information in a business email represents a breach of competition law, which can be dunned down is currently unclear. The OLG Brandenburg chose the “offline”section now (AZ.: 6 U 12/07), that when a trader has given the company name, the address and telephone number, the absence of the holder represents no breach of competition law with name and surname, as the owner of the company thereby gained no competitive advantage. This decision to transfer to the online area, the absence should be also no breach of competition law, for example, the commercial register or Umsatzsteueridentifkationsnummer in business emails. It remains however to be seen whether the absence of mandatory information in E-Mails is generally classified as a violation of the competition will. Practice tip: To not even judicial clarification to help, each trader should list the information required in the E-Mail footer until further notice. Dr. Hajo Rauschhofer lawyer in Wiesbaden with focus on online and trade mark law.. .