Practice Area

Business Law

Legal certainty for businesses – data protection, e-commerce and corporate law.

Services at a Glance

check E-commerce and online retail
check Commercial and distribution law
check Domains and business identifiers
check Corporate law and GmbH
check Commercial contracts (B2B)
check GDPR and data protection law

E-Commerce and Online Retail

Whoever sells goods or services online operates within a dense network of statutory disclosure obligations — under the BGB, the Price Indication Regulation, the UWG and increasingly also EU regulations such as the Omnibus Directive and the P2B Regulation. Defective or missing information on withdrawal rights, prices, delivery times or product labelling are frequent and avoidable grounds for cease-and-desist warnings. Response deadlines are tight — often only 7 days from the date the letter is sent.

Representation is available on both sides: defending against unjustified warnings as well as pursuing claims against unfair competitors. Typical instructions include legally compliant online shop structure with mandatory disclosures and withdrawal notices, warnings for defective price labelling or review manipulation, the requirements of the Omnibus Directive on discount advertising and personalised pricing, and rights and obligations on marketplaces such as Amazon, eBay or Etsy. Commercial social media presence and disclosure obligations for influencer advertising are also recurring topics.

Commercial and Distribution Law

Distribution structures regularly give rise to legal questions that are rarely adequately addressed in general commercial agreements. In commercial agency law, the compensation claim under § 89b HGB is frequently at the centre of attention: on termination of a commercial agency agreement, the agent may be entitled to substantial compensation for the customer base built up — or conversely, the principal may need to defend against inflated claims. Further disputes arise over ordinary and extraordinary termination of agency agreements, non-compete obligations and commission on post-termination transactions.

Similar questions arise in relation to authorised dealers and exclusive distribution arrangements, which do not directly fall under commercial agency law but are treated comparably by the courts. Franchise agreements have their own particularities regarding disclosure obligations, territorial protection and exit arrangements. In day-to-day commercial transactions, the formal letter of confirmation (kaufmännisches Bestätigungsschreiben) and the drafting and enforcement of purchasing and sales terms in B2B dealings are also regular topics.

Domains and Business Identifiers

Domains are more than technical addresses — they can establish or infringe distinctive sign rights. Domain grabbing, i.e. the abusive registration of domains with the intention of selling them to the rightful holder at inflated prices, can be challenged via name law claims under § 12 BGB or trademark rights. For international domains, UDRP proceedings before WIPO are available, which are faster and less expensive than litigation.

Business identifiers under § 5 MarkenG arise through use in the course of trade and can establish rights against later marks and company names without registration. Conflicts between business identifiers, registered trademarks and company names are a frequent topic — particularly where businesses operate in the same sectors and regions.

Corporate Law

Corporate law questions rarely arise on schedule. Clients typically get in touch when shareholders develop conflicting visions for the company, when shares are to be transferred and the agreements do not govern this clearly, or when a managing director is to be removed and it is unclear whether the articles of association permit this.

Transferring GmbH shares requires notarial certification — but the real work lies in the contractual drafting: purchase price mechanisms, warranties, indemnities, non-compete obligations and earn-out provisions must be drafted clearly and with balanced interests. Shareholders' agreements govern what the articles of association leave open — voting rights, pre-emption rights, tag-along rights and distribution arrangements. In shareholder disputes, a swift and realistic assessment of one's own position is critical; many disputes can be resolved out of court if legal clarity is established at an early stage.

Commercial Contracts in B2B

Alongside the specific contract types of IP and IT law, general commercial contracts arise regularly in business practice: B2B loan agreements between shareholders or affiliated companies, guarantees and other credit security, framework agreements for ongoing supply relationships. These contracts are often less standardised than assumed — and the errors only become apparent when enforcement is attempted.

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GDPR and Data Protection

Data protection law is an operational obligation for businesses. Any organisation processing personal data operates within a dense network of statutory requirements; violations can be sanctioned with substantial fines and — since the German Federal Court of Justice ruling of March 2025 — can also trigger competition law warnings from competitors. Advice covers privacy policies and records of processing activities, data processing agreements (DPA), consent solutions for cookies and newsletters, and support in subject access requests and supervisory authority proceedings. Data protection is not a one-off project — new tools, changed processes and new service providers can give rise to updating needs at any time.

Frequently Asked Questions

Do I need a lawyer as an online shop operator? expand_more
Not necessarily — but the cease-and-desist risks in e-commerce are real. Defective withdrawal notices, incorrect price statements or missing mandatory disclosures are frequent and avoidable grounds for warnings. A one-off legal review of the shop is significantly cheaper than defending a cease-and-desist claim.
When is a commercial agent entitled to compensation under § 89b HGB? expand_more
The compensation claim arises in principle upon termination of the commercial agency agreement, provided the agent has introduced new customers to the principal or substantially extended existing business relationships, and the principal retains considerable benefits from this after the end of the agreement. The claim is excluded if the agent gives notice of termination himself, or if the agreement is terminated for good cause by the principal. Calculation is complex and frequently disputed.
Can I lose a domain name through legal proceedings? expand_more
If the domain infringes a registered trademark or a protected business identifier, yes. Holders of distinctive sign rights can enforce transfer claims — through court proceedings or via the international UDRP proceedings before WIPO, which are generally faster and less expensive than litigation.
What do I need to consider when transferring shares? expand_more
Beyond notarial certification, the contractual terms are decisive: purchase price mechanism, warranties and indemnities, non-compete clauses, and shareholders' agreement consent requirements. If the articles of association are not reviewed in advance, pre-emption rights or lock-up clauses may block the transfer.
What to do in a shareholder dispute? expand_more
First, clarify what rights the shareholders' agreement and articles of association provide — information rights, voting rights, exclusion clauses. Then assess the realistic strength of your position. Many shareholder disputes can be resolved out of court if legal clarity is established at an early stage.
What does a GDPR violation cost? expand_more
Theoretically up to €20 million or four per cent of global annual turnover. In practice, fines for small and medium-sized businesses are significantly lower — but since the German Federal Court of Justice ruling of March 2025, competition law warnings from competitors are also possible.

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