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How you can take action against platforms

The Federal Court of Justice has repeatedly ruled on platforms. It has developed a procedure with which unlawful reviews can be removed quickly and efficiently out of court – the so-called notice-and-takedown procedure. The decisive factor here is a notification from the company concerned to the provider of the platform. The notice must be specific enough for the platform provider to be able to identify a legal offence without a thorough legal and factual review. It is therefore essential that the notice is drafted carefully and correctly. In addition to sound legal knowledge, this requires experience and sensitivity. If the platform provider does not respond to the notice in good time, he is liable as a so-called disturber. This means that he can then be required to delete the review. If he fails to do so, he can be ordered to do so by a court and must bear the costs of the proceedings.

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