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  • #1225662

    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.

    Example – German Court

    Best

    S.

    #1226691

    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,
    Günter

    #1226741

    Dear 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.”

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