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Cease And Desist Online Defamation

Cease And Desist Online Defamation Template for Germany

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Key Requirements PROMPT example:

Cease And Desist Online Defamation

"I need a Cease and Desist Online Defamation letter in German law for my tech company, targeting false claims about our product safety posted on LinkedIn and Twitter by a former employee on January 15, 2025; we need the content removed within 48 hours."

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Document background
The Cease And Desist Online Defamation letter is a crucial legal instrument used in German jurisdiction when an individual or organization faces harmful false statements or malicious content published online. This document is typically employed when other informal attempts to resolve the situation have failed or when immediate action is required due to serious reputational damage. It must comply with German legal requirements, including specific references to violated laws (such as §§ 185-187 StGB and § 823 BGB), and should contain precise details about the defamatory content, clear demands for removal, and specific deadlines. The document serves both as a formal warning and as potential evidence in subsequent legal proceedings if the recipient fails to comply with the demands.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the sending party or their legal representative

2. Recipient Details: Full name and address of the person or entity responsible for the defamatory content

3. Subject Line: Clear identification as a Cease and Desist letter regarding online defamation

4. Legal Standing: Statement establishing the sender's legal position and relationship to the defamatory content

5. Factual Background: Detailed description of the defamatory statements, including exact quotes, URLs, dates, and context

6. Legal Basis: Citation of relevant German laws being violated, including specific sections of the StGB and BGB

7. Demands: Clear list of required actions: removal of content, written confirmation, deadline for compliance

8. Legal Consequences: Statement of legal actions that will be taken if demands are not met

9. Deadline: Specific deadline for compliance (typically 24-48 hours for online content removal)

10. Signature: Formal signature block with date and place

Optional Sections

1. Monetary Damages: Section detailing specific financial damages when quantifiable harm has occurred

2. Previous Communications: Reference to any previous attempts to resolve the issue when prior contact has been made

3. Third Party Notifications: Section addressing notifications to hosting providers or platform operators if relevant

4. Declaration of Truth: Formal declaration that all stated facts are true, useful in cases where factual disputes are likely

5. Settlement Offer: Proposed terms of settlement to avoid legal proceedings, if appropriate to the situation

Suggested Schedules

1. Screenshot Evidence: Screenshots of the defamatory content with dates and URLs clearly visible

2. Communication Records: Copies of any previous relevant communications with the recipient

3. Damage Documentation: Evidence of damages suffered as a result of the defamation (if applicable)

4. Expert Opinions: Any relevant expert opinions on the impact of the defamation (if applicable)

5. Power of Attorney: If the letter is sent by a legal representative, documentation of authority to act

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


























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Relevant Industries

Legal Services

Media and Entertainment

Technology and Internet

Professional Services

Healthcare

Education

Retail and Consumer

Financial Services

Hospitality and Tourism

Non-profit Organizations

Public Relations

Social Media

Relevant Teams

Legal

Public Relations

Corporate Communications

Social Media

Marketing

Human Resources

Risk Management

Compliance

Corporate Affairs

Customer Relations

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Public Relations Manager

Communications Director

Brand Manager

Social Media Manager

Human Resources Director

Marketing Manager

Compliance Officer

Risk Manager

Corporate Affairs Director

Customer Relations Manager

Business Owner

Professional Service Provider

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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