Categories
Technology- & IT-Law

Domain Law in Germany

In the digital economy, domain names are more than just internet addresses—they are virtual real estate, trademarks in disguise, and often a company’s first point of contact with the outside world. As such, their legal status in Germany is complex, balancing principles of property law, trademark protection, competition law, and contractual governance by private registrars like DENIC.

For international businesses, navigating Germany’s domain law means understanding a landscape where ownership is shaped by civil law reasoning, yet constrained by fairness, good faith, and public policy considerations. This post offers a detailed overview of how domain law operates in Germany—and where the legal traps lie.

Categories
Technology- & IT-Law

Art Law in Germany

Between Creativity and Codification – A Comprehensive Overview … what is art? A timeless question that continues to inspire debate among philosophers, curators, and artists alike. But as the art market becomes increasingly professionalized and digitalized, a new question emerges with growing urgency: What is art in a legal sense—and how is it protected?

Welcome to the world of art law: an interdisciplinary, evolving, and increasingly complex legal field that extends far beyond traditional copyright law. It touches the lives of artists, collectors, museums, gallery owners, NFT marketplaces, auction houses—and increasingly, defense attorneys.

Categories
Cybercrime

UN Cybercrime Convention 2024: The Global Struggle Over Cybercrime Treaties in a Fragmented Digital Order

A New Era of Cybercrime Governance: In the early days of the internet, international criminal law lag far behind the technological realities of transnational cybercrime. The adoption of the Budapest Convention on Cybercrime in 2001 marked a watershed moment. For the first time, states committed to a common framework for criminalizing core forms of cybercrime, harmonizing procedural tools, and facilitating international cooperation. But this Eurocentric model, while groundbreaking, has become a geopolitical fault line. In 2024, after years of behind-the-scenes negotiation, the United Nations adopted its own global cybercrime treaty—promising inclusivity and updated standards, but raising deep concerns about surveillance, human rights, and the rise of authoritarian cyber-sovereignty.

Categories
Cybercrime Cybersecurity

Cybercrime in North Korea and the threat to the cryptocurrency industry

North Korea is one of the main perpetrators of the growing threat to cyber security. At least since the attack on Sony Pictures in 2014, the country has been perceived as a major cyber player on the international stage. Since then, Pyongyang has used its hacking skills to circumvent international sanctions and steal funds.

Pyongyang was able to use the captured funds to finance the development of its nuclear and missile program. North Korea also uses cyber operations for (digital) espionage. The targets are wide-ranging: they are directed against universities, human rights organizations and media companies, create discontent or distrust through election fraud and attack critical national infrastructures. The increasing importance of North Korea in the area of cybercrime and cybersecurity is also the reason why we maintain a separate blog post on the topic here.

As an example, a study by Recorded Future’s Insikt Group paints an alarming picture of North Korean cybercrime. These activities, which have increased since 2017, target the cryptocurrency industry and have enabled North Korea to steal an estimated 3 billion dollars in cryptocurrencies.

Categories
Criminal Defense Cybercrime Cybersecurity

The Criminal Liability of DDoS Attacks and Botnets under German Criminal Law

In the age of digital infrastructures, Distributed Denial of Service (DDoS) attacks and the use of botnets have become emblematic of modern cybercrime. While these acts are often discussed in technical or operational terms, their legal dimension—particularly under German criminal law—is both sophisticated and rigorous. This article provides a detailed legal analysis of DDoS attacks and botnets, grounded in German jurisprudence and supported by insights derived from current case law and cybercrime reports.

Categories
Criminal Defense

Dubai Unlocked: The dark side of the glittering real estate world

The latest expose called “Dubai Unlocked” provides insights into the underbelly of Dubai’s luxury real estate market. This comprehensive investigation uncovers how individuals from the international elite, including criminals, politicians and sanctioned individuals, invest in the desert metropolis’ real estate business. Through leaked data, the Organized Crime and Corruption Reporting Project (OCCRP), in collaboration with 74 media partners worldwide, was able to conduct a detailed analysis of ownership structures in Dubai and bring questionable transactions to light.

Categories
Criminal Defense

Extradition to and from Dubai – A Dangerous Legal Grey Area?

The United Arab Emirates—especially Dubai—is seen by many as a luxurious haven: sunshine, tax freedom, anonymity. A place seemingly far from the reach of German law enforcement. But in reality, this perception has changed noticeably in recent years. There are clear signs that the number of extraditions of German citizens from Dubai to Germany is increasing—and likewise, German authorities appear more willing to take extradition requests from the Emirates seriously. It’s time to take a closer look at the legal and practical peculiarities of this situation.

Categories
Criminal Defense Technology- & IT-Law

Criminal liability for gambling in Germany

Gambling has always fascinated people. However, while they are an exciting leisure activity for many, their legal framework in Germany harbors numerous risks – both for providers and participants. This article highlights the legal regulations that providers must observe and explains the potential criminal consequences for participants in illegal gambling.

Categories
Criminal Defense Technology- & IT-Law

Geographical Indications: An Underestimated Issue in the World of Intellectual Property

Geographical indications are more than just a geographical label – they represent quality, tradition, and the cultural value of a product. Whether it’s Parma ham, Champagne, or Murano glass, products with protected geographical indications (GIs) hold significant meaning for consumers and producers alike. But what happens when these labels are misused or counterfeited? Such cases are not only violations of intellectual property rights but also harm consumer trust and the reputation of entire regions.

Categories
Criminal Defense Liability of the management

A1 Certificate and the Legal Context in Germany

The A1 certificate has become a focal point in discussions surrounding cross-border employment within the EU, particularly due to its implications in both legal and compliance frameworks. A recent decision by the German Federal Court of Justice (BGH) highlighted the critical role the A1 certificate plays, especially when misused in cases of illegal employment. This article explores the significance of the A1 certificate, the key points of the court ruling, and the broader implications within German employment criminal law.