- Specialist lawyer for intellectual property rights
- Advice at the highest level
- Specialized in warning letters in competition law
Lawyer helps with Warning letter from VDAK
Lawyer Peter Weiler
Your contact person
Lawyer Peter Weiler Specialist lawyer for intellectual property rights
Experienced in warnings from the VDAK
- Specialist lawyer for intellectual property rights
- Years of experience in the defense against warning letters from the VDAK
- Free initial consultation for warning letters from the VDAK
- Available for you nationwide
How we work with you
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Submit warning
Submit your warning via our contact form. Please feel free to describe the background to your case. We will usually get back to you on the day of the request.
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Free advice
We take a look at the warning letter. One of our lawyers specializing in cease-and-desist letters will then contact you and discuss the prospects of success of your case with you. The consultation is free of charge.
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Our offer
Immediately after the initial consultation, you will receive our order documents, with which we will once again confirm in writing what we have discussed. You can then consider at your leisure whether you want to continue with us.
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We get started
We will start work and take the necessary steps to successfully defend you against the warning letter. We will keep you transparently informed at all times about the progress of the matter up to the final deletion.
Who or what is the VDAK?
The warning association VDAK (Verein Deutscher und Ausländischer Kaufleute e. V.), is an association founded in 1994 and based in Recklinghausen. According to its own information, it has over 2,000 commercial and freelance members nationwide as well as other business associations with several thousand members. According to the association's articles of association, it has set itself the task of pooling the interests of small and medium-sized companies across all sectors and combating unfair and criminal practices in business life on their behalf.
Is the letter from VDAK a rip-off, fake or fraud?
Unfortunately no - you must take the letter seriously. The warning association works with contract lawyers. In our experience, they will enforce the claims for injunctive relief in court by means of a temporary injunction or injunction action if you do not respond.
Can the VDAK issue warnings at all?
According to Section 8 (3) No. 2 UWG, associations that aim to promote commercial or independent professional interests are generally entitled to take action against infringements of competition law. However, the association must meet the requirements for this. This is because an association that sends warning letters on behalf of its members must not only have a significant number of members in the area in which the warning letter is issued, but must also have the appropriate personnel and equipment.
According to its website, the association has more than 2,000 members from various sectors. The purpose of the association is accordingly oriented towards competition law. However, the association has not yet been able to demonstrate whether the information is correct. Above all, it is unclear whether the association actually represents a representative number of retailers from the consumer electronics sector. The judgments recently submitted by the association, which are supposed to prove the entitlement to issue warnings, date back to 2008 and concerned other cases.
What does the VDAK warn?
Unlike other associations, which usually investigate a specific complaint, the VDAK specifically looks for a specific error in your online store. This concerns:
- Violations of the Price Indication Ordinance (PAngV) (e.g. missing or incorrect basic price information, missing reference to VAT included, missing information on shipping costs or foreign shipping costs)
- Missing or incorrect withdrawal policy and missing link to the ODR platform
- Violations of the information obligations under Art. 246c No. 2 EGBGB
- Violations of the information obligations under Art. 246a § 1 para. 1 sentence 1 no. 8 EGBGB (lack of mandatory information on the existence of the statutory liability for defects)
If you want to avoid a warning from the VDAK, it is essential that you comply with the legal requirements when advertising guarantees.
What is the VDAK demanding?
A warning letter from the VDAK usually demands the removal of an unlawful situation and the submission of a cease-and-desist declaration. Specifically, the warning letter usually demands the following:
1. elimination of the conduct complained of: The party receiving the warning is requested to immediately cease the conduct complained of and to ensure that it is not repeated in the future.
2. submission of a cease-and-desist declaration: The warned party is requested to submit a cease-and-desist declaration subject to penalty. With this declaration, the warned party undertakes to refrain from the conduct complained of in the future and to pay a contractual penalty in the event of a breach of this obligation.
3. reimbursement of warning costs: The warned party is requested to reimburse the costs incurred as a result of the warning. This includes, in particular, the warning party's legal fees.
Why have I been warned
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The interest group VDAK sends warning letters for various competition law infringements. An infringement of competition law constitutes a breach of "the rules of fair commercial conduct". These rules serve to protect competitors, consumers and the public interest in undistorted competition. There are many breaches of competition law.
Do I have to take the warning from the VDAK seriously?
Yes, warnings from the VDAK are not fake warnings. Simply ignoring the warning and sitting out the problem will not help. This usually makes things more expensive. Take action and act correctly so that you pay less or nothing at all. Avoid costly legal action and high contractual penalties. Take advantage of our free initial assessment. After the consultation, you can take your time to decide whether you want to instruct us. Once you have commissioned us, you will receive individual support at a fair all-inclusive price.
How do I react correctly to a VDAK warning?
Take action! It is of course annoying that you are now confronted with such a letter. But getting annoyed won't help. Find a constructive way of dealing with the problem. Especially if there is something to the alleged infringement, you must take action. However, those affected should not simply sign the attached cease-and-desist declaration, but should have the warning letter checked by an experienced law firm beforehand. In addition to submitting a professionally drafted modified cease-and-desist declaration, it may be possible to dispute the right of the association to issue a warning.
What should I avoid at all costs?
It is not a solution to simply ignore the warning and sit out the problem. This usually makes things more expensive. Avoid costly legal action and high contractual penalties. Take advantage of our free initial assessment. You will already receive important tips on the right course of action here. After the consultation, you can take your time to decide whether you want to instruct us. If you commission us, you will receive individual support at a fair all-inclusive price.
Unterschreiben und nicht zahlen?
Kurzerhand die vom VDAK übersendete Unterlassungserklärung zu unterzeichnen und nichts zu zahlen, ist nach unseren Erfahrungswerten nicht erfolgreich. Denn der VDAK wird die Forderungen einklagen. Auch das verteuert die Sache unnötig. Zudem drohen Ihnen empfindliche Vertragsstrafen, wenn Sie die Unterlassungserklärung ohne Beratung und Prüfung unterzeichnen und anschließend hiergegen verstoßen, weil Sie den bemängelten Wettbewerbsverstoß nicht oder nicht vollständig beseitigt haben, bevor Sie die Unterlassungserklärung abgegeben haben. Von diesem Vorgehen raten wir daher ab. Nutzen Sie unsere kostenlose Ersteinschätzung um sich näher zu informieren.
Beim VDAK anrufen?
Auch das ist nicht zu empfehlen. Bitte geben Sie keine Informationen preis, die Ihre Rechtsverteidigung unnötig erschweren. Nutzen Sie stattdessen unsere kostenfreie telefonische Ersteinschätzung und profitieren Sie bereits hier von unseren Erfahrungswerten im Umgang mit einer Abmahnung vom VDAK. Gerade wenn der Wettbewerbsverstoß tatsächlich vorliegt und Sie hierfür verantwortlich sind, ist eine Rechtsverteidigung sinnvoll. Dies allein deshalb, weil Sie für die Zukunft weitere Wettbewerbsverstöße verhindern müssen, um nicht wiederholt abgemahnt oder mit Vertragsstrafeforderungen konfrontiert zu werden.
What happens now?
Simply ignoring the warning and sitting out the problem will not help. It usually makes things more expensive. Take action and do the right thing so that you pay less or nothing at all. Avoid costly legal action and high contractual penalties. Take advantage of our free initial assessment. After the consultation, you can take your time to decide whether you want to instruct us. Once you have commissioned us, you will receive individual support at a fair all-inclusive price.
Warning free check
Use our free initial assessment from an experienced lawyer. And this is how it works:
1. Simply send us your warning letter using our free warning letter check.
2. One of our experienced lawyers will take a look at your warning letter and call you back as soon as possible. Guaranteed free of charge!
3. After the phone call, you will receive an email with all the relevant information.
