Catalog / Crawls the web / LXD-0059

Crawls the web, in Germany

Each law's tag says when it binds: since in force proposed proposed

Schutz des Datenbankherstellers (Sui Generis Database Right)since 3 lines

Urheberrechtsgesetz (UrhG), §§ 87a, 87b, 87c, 87d, 87e · Read the law's page

  • Do not reproduce, distribute, or publicly communicate a database, or a substantial part of it, without the database maker's authorisation.
  • Do not repeatedly and systematically extract insubstantial parts of a database in a way that conflicts with its normal exploitation or unreasonably prejudices the maker's legitimate interests.
  • A contract term forbidding a lawful user from reproducing or communicating an insubstantial part of a database is unenforceable where that act does not conflict with the database's normal exploitation or unreasonably prejudice the maker's interests.
Schutz technischer Massnahmen und Durchsetzung von Schrankenbestimmungen (Protection of Technological Measures)since 3 lines

Urheberrechtsgesetz (UrhG), §§ 95a, 95b · Read the law's page

  • Do not circumvent an effective technical measure protecting a work or other protected subject matter without the rightholder's consent, where you know or ought to know that the circumvention is meant to give access to it or to enable its use.
  • Do not manufacture, import, distribute, sell, rent, advertise for sale or rental, or possess for commercial purposes, a device, product or component, or provide a service, that is marketed to circumvent effective technical measures, has only a limited commercial purpose beyond circumvention, or is mainly designed or provided to enable or facilitate circumvention.
  • Where you apply technical measures to a work, give the beneficiaries of the listed copyright exceptions, including text and data mining under section 44b, who have lawful access to the work, the means needed to use the exception to the extent required; an agreement excluding this duty is void.
Verbot unlauterer geschaeftlicher Handlungen und Mitbewerberschutz (General Clause and Competitor Protection)since 4 lines

Gesetz gegen den unlauteren Wettbewerb (UWG), §§ 3, 4 · Read the law's page

  • Do not denigrate or disparage a competitor's identifying marks, goods, services, activities, or personal or business circumstances.
  • Do not assert or spread unproven facts capable of damaging a competitor's business or credit.
  • Do not imitate a competitor's goods or services in a way that causes avoidable confusion about origin, unfairly exploits or impairs their reputation, or was achieved through dishonestly obtained knowledge or documents.
  • Do not target a competitor for obstruction, which can include automated collection of that competitor's content or data aimed at impeding its business.
Text und Data Mining fuer Zwecke der wissenschaftlichen Forschung (Text and Data Mining for Scientific Research)since 3 lines

Urheberrechtsgesetz (UrhG), § 60d · Read the law's page

  • May reproduce lawfully accessible works for text and data mining for scientific research without the rightsholder's authorisation and without the general exception's opt-out applying, if a qualifying research organisation, heritage institution, or individual non-commercial researcher.
  • Stop making a reproduction available to others once the joint research or quality verification it was shared for has concluded.
  • Do not undermine measures a rightsholder takes to protect the security and integrity of its networks and databases.
Schutz von Geschäftsgeheimnissen: Begriff, erlaubte und verbotene Handlungen (Trade Secret Definition, Permitted Acts and Prohibitions)since 6 lines

Gesetz zum Schutz von Geschäftsgeheimnissen (GeschGehG), §§ 2-5 · Read the law's page

  • Do not obtain a trade secret by unauthorized access to, appropriation of or copying of documents, objects, materials, substances or electronic files that are under the holder's lawful control and contain the secret or from which it can be derived, or by any other conduct that does not accord with good faith and honest market practice (§ 4 Abs. 1).
  • Do not use or disclose a trade secret that you obtained through such an act of your own, or in breach of an obligation to restrict its use or an obligation not to disclose it (§ 4 Abs. 2).
  • Do not obtain, use or disclose a trade secret that came to you through another person where you know or ought to know that the other person used or disclosed it contrary to § 4 Abs. 2 (§ 4 Abs. 3).
  • Information is a trade secret only if it is not generally known or readily accessible to the persons in the circles that normally deal with that kind of information, has economic value for that reason, is subject to reasonable secrecy measures by its lawful holder, and there is a legitimate interest in its secrecy (§ 2 Nr. 1).
  • Obtaining a trade secret by observing, studying, dismantling or testing a product or object that has been made publicly available is permitted (§ 3 Abs. 1 Nr. 2).
  • The prohibitions do not apply where obtaining, using or disclosing a trade secret protects a legitimate interest, in particular the exercise of freedom of expression and information (§ 5 Nr. 1).
Text und Data Mining (General Text and Data Mining Exception)since 2 lines

Urheberrechtsgesetz (UrhG), § 44b · Read the law's page

  • May reproduce lawfully accessible works for text and data mining, but must delete the reproduction once it is no longer needed for that purpose.
  • Do not disregard a rightsholder's machine-readable reservation of rights over a work accessible online; a reservation made only in natural language is not effective.
Inhaltskontrolle Allgemeiner Geschäftsbedingungen (Content Control of Standard Terms)in force5 lines

Bürgerliches Gesetzbuch (BGB), § 307 · Read the law's page

  • Treat a provision in standard terms as ineffective where it unreasonably disadvantages the other party to the user of the terms contrary to the requirements of good faith, including where the provision is not clear and understandable (§ 307 Abs. 1).
  • In case of doubt, treat a provision as unreasonably disadvantaging where it cannot be reconciled with essential principles of the statutory rule it departs from, or limits essential rights or duties arising from the nature of the contract so far that attaining the contract's purpose is endangered (§ 307 Abs. 2).
  • Expect the content control to reach only provisions that depart from legal provisions or supplement them, while other provisions can still be ineffective for lack of clarity (§ 307 Abs. 3).
  • Do not treat contract conditions that the parties negotiated individually as standard terms (§ 305 Abs. 1 Satz 3).
  • Where a provision is ineffective or did not become part of the contract, treat the rest of the contract as in force and its content as following the statutory provisions (§ 306 Abs. 1 and 2).
Gesetz zur Modernisierung des Produkthaftungsrechts und zur Änderung weiterer Vorschriften (Bundesrat Drucksache 584/26), new Produkthaftungsgesetz transposing Directive (EU) 2024/2853proposed12 lines

Entwurf eines Gesetzes zur Modernisierung des Produkthaftungsrechts · Read the law's page

  • If you develop or make software, or have it designed or made, you answer as its manufacturer; free and open-source software developed or supplied outside a business activity is outside the definition of a product (§§ 2(1) No. 3 and 3).
  • Keep supplying the software updates and upgrades needed to keep the product safe while the product is within your control: if you are able to provide them yourself or through a third party you keep control, and a defect caused by software, by an update or upgrade, or by a missing necessary update is not excused because it arose after you put the product into circulation (§§ 8(2) and 9(2)).
  • Meet the product-safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in judging whether it is defective (§ 7 No. 5), and failing a binding product-safety requirement that protects against the injury presumes it defective (§ 20(1) No. 2).
  • Account for what your product learns or acquires after it is put into circulation: the effect of that ability is weighed in judging whether it is defective (§ 7 No. 3).
  • Keep records you could produce if a court orders disclosure on a claimant's plausible claim; failing to disclose despite the order presumes the product defective (§§ 19(1) and 20(1) No. 1).
  • If you hold relevant evidence for a product liability claim against someone else, the court can, on the claimant's application, order you as a third party to disclose it, limited to what is necessary and proportionate, except to the extent you may refuse to testify under sections 383 to 385 of the Code of Civil Procedure (§ 19(1) and (3)).
  • If you are a manufacturer outside the EU, your importer into the EU market and your representative appointed in writing and established in the EU are liable as the manufacturer is, and where there is neither, the fulfilment service provider is liable too (§§ 10 and 11).
  • If you make a product available in the supply chain without being its manufacturer or importer, or run an online platform that lets consumers conclude distance contracts with traders where the conditions of Article 6(3) of the Digital Services Act are met, you are liable as the manufacturer is when no manufacturer, importer, representative or fulfilment service provider established in the EU can be identified, unless within one month of receiving the injured person's request you name one of them or your own supplier of the product (§§ 12 and 13).
  • If you substantially modify a product without the manufacturer's consent and then make it available on the market or put it into operation, you are the manufacturer of the modified product (§ 5(1)).
  • Do not rely on a contract term to limit or exclude your liability to an injured person; departing from the Act to their disadvantage is not allowed (§ 18).
  • You are excused if you did not put the product into circulation, if the defect results from the product meeting legal requirements, or if the defect could not be recognized according to the objective state of science and technology at the relevant time (§ 9(1)).
  • Claims lapse three years after the creditor learned, or should have learned, of the defect, the damage and the identity of the debtor, and expire ten years after the product was put into circulation or into operation, or 25 years for a latent personal injury (§§ 16 and 17).
Ausspaehen, Abfangen und Manipulation von Daten (Computer Misuse and Data Interference)in force6 lines

Strafgesetzbuch (StGB), §§ 202a, 202b, 202c, 202d, 303a, 303b · Read the law's page

  • Do not gain access to data that is specially secured against unauthorised access by overcoming that security measure.
  • Do not intercept non-public data transmissions or a computer's electromagnetic emissions using technical means.
  • Do not produce, obtain, sell, or distribute passwords, security codes, or software designed to commit these offences.
  • Do not obtain, pass on, or distribute data that another person has unlawfully obtained, for enrichment or to cause harm.
  • Do not unlawfully delete, suppress, render unusable, or alter data.
  • Do not substantially disrupt a data-processing operation of essential significance to another person, business, or public authority.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

Page updated .