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Have you received a German cease-and-desist letter (Abmahnung) for an alleged breach of competition, copyright, trade mark or data protection law? Stay calm, but do not let the deadline pass. This page explains what to do in the first hours and what options you have. We review such letters at short notice and tell you whether and how to respond.
Checklist after receiving a cease-and-desist letter
- Note the deadline. It is not set by statute, but once it expires a preliminary injunction may follow without further warning.
- Do not sign anything. The enclosed cease-and-desist declaration is almost always too broad and binds you indefinitely.
- Do not call the other side. Statements on the phone may be treated as an admission.
- Secure evidence: dated screenshots of the page concerned, licence documents, invoices, correspondence.
- Remove the infringement where possible, after securing evidence. For images, also delete directly accessible files and subpages.
- Have the letter checked: is it justified, formally correct and not abusive?
Deadlines and what happens if you do nothing
Deadlines of one to two weeks are typical, a few days where the matter is urgent. A deadline that is too short is generally replaced by a reasonable one, but you still need to respond. If you do nothing, you risk a preliminary injunction, which can be issued without an oral hearing, and its costs. If an application is expected, we file a protective letter (Schutzschrift) with the central register so that the court knows your arguments before it decides.
Is the letter justified? What we check
- Standing: is the sender a competitor, the rights holder or a qualified association (Section 8(3) of the Act against Unfair Competition, UWG)?
- Formal requirements: under Section 13(2) UWG and Section 97a(2) of the Copyright Act (UrhG) the letter must state, among other things, the sender’s name, the infringement and how the costs are calculated. If anything is missing, there is no claim to costs.
- Is there an infringement at all, and is it attributable to you, for example where employees, agencies or marketplace templates are involved?
- Limitation: six months from knowledge in competition law (Section 11 UWG).
- Abuse of rights under Section 8c UWG.
Modified cease-and-desist declaration
If the letter is essentially justified, only a serious declaration backed by a contractual penalty removes the risk of repetition. You do not have to accept the other side’s draft. We draft a modified declaration that limits the undertaking to the specific infringement, is given without admitting any legal obligation, contains no acceptance of costs and leaves the amount of the penalty to the creditor’s discretion, subject to review by the court (the „new Hamburg custom“). The declaration has no time limit; any later breach can trigger the penalty.
Competition law adds further protection: on a first letter from a competitor concerning information duties in online trade or data protection breaches, no contractual penalty may be demanded from businesses with fewer than 100 employees (Section 13a(2) UWG). For minor infringements, the penalty for such businesses is capped at EUR 1,000 (Section 13a(3) UWG).
Costs and values in dispute
The sender’s legal fees are calculated on the value in dispute under the German Lawyers‘ Remuneration Act (RVG). At a value of EUR 10,000, a 1.3 business fee including expenses and VAT is around EUR 1,000. Courts set values very differently; the figure stated by the sender is often far too high.
| Area | Special cost rules |
|---|---|
| Competition law | No reimbursement for competitors for breaches of information and labelling duties in online trade, or for data protection breaches by businesses with fewer than 250 employees (Section 13(4) UWG). Where the matter is of minor importance, the value is to be reduced (Section 51(3) GKG). |
| Copyright against consumers | On a first letter, reimbursable costs are generally based on a value of EUR 1,000 (Section 97a(3) UrhG). Damages come on top. |
| Trade mark law | Often high values, no statutory cap. |
| Data protection (GDPR) | Competitors may send letters according to the CJEU (C-21/23) and the Federal Court of Justice (I ZR 222/19, I ZR 223/19); note the cost rules in Section 13(4) UWG. Data subjects may also claim damages under Art. 82 GDPR. |
Abuse of rights and counter-measures
A letter is inadmissible if it serves mainly to generate fees or contractual penalties. Indicators under Section 8c(2) UWG include a large number of similar letters relative to the sender’s own business, excessive values or penalties, declarations that are clearly too broad and letters to several parties for the same infringement. In that case the claim fails entirely and you can claim your defence costs (Section 8c(3) UWG). Other options are reimbursement of your legal fees for unjustified or formally defective letters (Section 13(5) UWG, Section 97a(4) UrhG), an action for a negative declaratory judgment and, for unjustified warnings based on trade marks, patents or designs, damages.
Frequently asked questions
Can I simply ignore the letter?
We advise against it. Even an unjustified letter should be answered, to avoid urgent proceedings or to recover your costs.
Do I have to pay the costs if I sign the declaration?
Not automatically. The undertaking and the costs must be assessed separately. The costs are often too high or not owed at all.
What does your review cost?
Fees are based on the RVG or an agreement. After reviewing the letter, we give you an estimate in advance.
Related topics
- Competition law (in German)
- Copyright (in German)
- Trade marks online (in German)
- Preliminary injunctions (in German)
- E-commerce
Contact us
Email us the letter with its deadline and we will come back to you quickly with an initial assessment. Call us on +49 511 35 73 56-0 or email info@itrechtler.de.