Have you already received a cease-and-desist letter from the IDO Verband, the IDO interest group for the legal and financial consulting of German online companies? Perhaps you have even issued a cease-and-desist declaration to the IDO Association and thereby concluded a cease-and-desist agreement with the IDO Association? Or have you paid a lump sum for a warning, costs for a warning (warning costs) or perhaps even a contractual penalty to the IDO Association?
If so, the year 2022 brings you good news in terms of the IDO Association:
How long is a cease and desist agreement valid?
If you have issued a cease-and-desist declaration, you have, as a rule, concluded a cease-and-desist agreement with the IDO Association. You or your company are bound by this cease-and-desist agreement for life!
Why is a cease and desist agreement problematic?
Due to the indefinitely long commitment to a cease-and-desist agreement, the IDO Association can still impose contractual penalty claims on you even after many years and permanently if you violate obligations from the cease-and-desist agreement.
Furthermore, you must bear in mind that a cease-and-desist obligation towards the IDO Association also reduces the value of your company.
Is it possible to take action against a cease and desist agreement?
As early as 2021, the Potsdam Regional Court ruled that the cease-and-desist declarations issued to the IDO Association can be effectively challenged and effectively terminated for abuse of rights (cf. LG Potsdam, judgement of 18.05.2021 Az. 52 O 62/20).
Since the beginning of 2022, changes in the law and further rulings by some courts have resulted in concrete possibilities for you to release yourself from your cease-and-desist agreement with the IDO Association. In this case, you would be released from the cease-and-desist agreement and would no longer have to fear high contractual penalty claims.
What should you do now?
You should therefore disengage from the IDO Association and your cease-and-desist agreement. If you have already paid warning costs and/or a contractual penalty to the IDO Association, there is now the possibility to demand this contractual penalty back.
Contact us, we will advise you on the existing possibilities and enforce your rights. We are already active for several clients vis-à-vis the IDO Association.
We can also help you against the IDO Association. In addition, we are available to you as advisors in the entire area of IT/IP and data protection law.
GoldbergUllrich Lawyers 2022
Specialist lawyer for information technology law