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Dear Support,
In many countries it is not allowed to deliver a maintenance page without having access to the imprint and privacy policy. Privacy policy is a must-have in EU in every case, as example. Imprint – of course – in Germany. Please modify it, if possible. Because users and lawyers must always see this and have access to it. Otherwise, there is the threat of penalty with high cost for website owners.
Best
S.
Hey S.,
Thank you for pointing at this.
Das Landgericht Düsseldorf entschied einen Fall, bei dem der Beklagte auf einer Baustellenseite darauf hinwies, dass seine Website sich im Umbau befindet und Interessenten sich über Telefon oder E-Mail melden sollten (LG Düsseldorf, Urteil vom 15.12.2010, Az. 12 O 312/10 – Volltext). Das Landgericht entschied, dass eine eine geschäftsmäßige Betätigung nicht vorlag und deshalb eine Impressumspflicht nicht bestand.
This means that you must create an empty page – Page Attribute Template blank, and in Layout also remove all sidebars, Title bars and footers. In the content only leave your “under construction” message (you may use ALB) – but do not add anything that could be business related – except a telephone number and/or e-mail address.
In Theme Options select this page as Maintenance Mode Page.
This should fit the legal requirements.
Best regards,
GünterDear Guenter,
Thank you for self-answering your question, as there is a need for action from Enfold. Thank you very much.
Just the fact that two courts decide differently shows that there can be umpteen instances. And there are many more verdicts. If you are in the social media, if you place an advertisement or write a guest article that violates the law or is illegal, then there must be an imprint. Very simple.
You really don’t have to have this trouble. And seriously: If someone wants to sue you for copyright infringement or you have advertising on other channels, and there is a text passage in the Google cache with copyright infringements, but the imprint is not available: Then you will hang. And just the possibility of loading Google Fonts or not having Google Analytics turned off will be expensive. It is not at all helpful to discuss this. Instead, Enfold simply takes the safe route. And no, the name and a phone number is not enough. Fatal, what you say here. Google Fonts, Analytics etc. All is automatically loaded, if you have no pre-experience in rights.
For the Federal Court of Justice, a speeder is a murderer, for other courts it’s just negligent homicide.
So what game shall we play?
Just getting a lawyer and going through the courts with all those sleepless nights and thousands Euros: You may be the type to give yourself up to someone else for 25.000 € for the rest of your life. Most of your users are not this type of human. And most Mainteance Plugin have this functions.
So: Just implement checkbox: Privacy and Imprint must show. Without any pain and discussion.
Have you ever been in court with a good lawyer: He will tell you how it works: by his nose! There is a saying among lawyers. Basically two:
First: “In court and on the high seas, you’re in God’s hands”?
Second. “Lawyer always wins, no matter which side he’s on. He has the money.”But you decide which page is shown in Maintenance mode !
So create one – set for example the template to : Blank no header no footer. https://webers-testseite.de/under-construction/
Thats all. : You are GDPR (DSGVO) complient if you do not have a contact information on that page!
( top part of the page)If you have – then you are right – there had to be an imprint info. ( bottom part of that page )
If you do not use cookies or other relevant objects on that page – no need for privacy page ( look to your link – it says only an imprint is needed )
An Imprint is half a page as you can see.Hi,
I agree – it is in the duty of the website owner to add a GDPR complient content to the Maintenance mode page.
As you say – you can create a simple page …..
The only thing that Enfold can do is not to load scripts like Google fonts and other services Enfold offers on that page when maintenance mode is enabled.
But that’s it.
Best regards,
GünterYes – you are right – i didn’t realize that – because i do allways selfhost my fonts.
For google ( youtube and maps ) scripts – they are probably only loaded conditionally, right?
But nevertheless that would be a nice idea to only load essential scripts etc.Good Morning.
I don’t understand this sad discussion, why you don’t just create two fields on your part. Then the discussion would be over and your users would be safe without a handicraft tricky solution.
Ok, it’s seemed it’s to difficulty to insert two fields, which are excluded from maintenance. To make it easy for all enfold users, which don’t read this thread and give enfold the trust, all is ok and secured.
Other plugins, which I want to prevent, can do this. I didn’t know that this could only be solved from Enfold with maximum programming performance.
And I don’t like discuss lawyer topics. As I mentioned above. The winners are always the lawyers, independent on which party is the game played.
And I disagree Günni and Günther. It’s not so easy. If you send any data and without an active opt-in before the data send, the Privacy must be available. What you forgot is tracking, fonts, CDN, chatbots, scripts which are embedded like proven experts, extra plugins for marketing etc, etc. You can try e-recht24 privacy generators, what you must check All this must deactivated or available in privacy with an active opt-in. Alone, that you have hosted a website on a hosting service and that IPs are logged in every case is a rule, about your users must inform. I’m a member of e-recht24 and I visit all live castings about privacy.
Best
S.
Yes – I use borlabs cookie – and the point of the imprint and the data protection page you mentioned which are released via the CookiePlugin is implemented there.
As mentioned above, I believe so indeed:If you don’t use cookies or other relevant objects on this site – there is no need for the privacy page
If you have contact information on that maintenance page – there had to be an imprint info.
If such scripts are used – then yes – they must not be active on the corresponding pages.
By the way, many people also make mistakes with the Borlabs cookie when you enable these pages ( imprint / privacy ) , and then e.g. Analytics is active. You can put a foot in it yourself.Most of my pages – and especially those that have to be clean – look like this:
I deny that very few of them have any idea what we are discussing here. And what needs to be done, even without Borlabs. Not everyone has this configuration from you. Chat bots, analytics, infinite variables. Everything would have to be deactivated, every user has to be careful. Or Enfold, as a customer-oriented provider, make work easier for your users. And when you’re in a stressful situation, you’re not thinking about something like GDPR and controlling everything that would be relevant to GDPR. The one with the field was an example of an exclusion function that would be easy to implement for everyone in Enfold’s maintenance mode. Think about: There are easy people, which want to have a cool easy page, without any deeper knowledge and understanding of this topic. Only Enfold can create an easy process for this, to have happy users and free shoulders.
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