Cease And Desist Letter Defamation Template for Germany

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Key Requirements PROMPT example:

Cease And Desist Letter Defamation

"I need a Cease and Desist Letter Defamation under German law to address false statements made about my company's financial practices on social media platforms by a former employee, which have been damaging our business relationships since January 2025."

Document background
A Cease And Desist Letter Defamation is a crucial legal instrument under German law used when an individual or organization needs to formally address and stop defamatory statements made against them. This document is typically employed when informal attempts to resolve the situation have failed or when immediate action is required due to serious reputational damage. The letter must comply with German legal requirements, particularly those outlined in the Civil Code (BGB) and Criminal Code (StGB), and serves as both a formal demand to stop the defamatory behavior and potential evidence in future legal proceedings. It should include detailed documentation of the defamatory statements, proof of their falsity, and clear demands for remedial action, while also warning of potential legal consequences under German law if the recipient fails to comply.
Suggested Sections

1. Sender Details: Full name, address, and contact information of the sender or their legal representative

2. Recipient Details: Full name and address of the person or entity responsible for the defamatory statements

3. Date: The formal date of the letter

4. Subject Line: Clear identification as a Cease and Desist Letter regarding defamatory statements

5. Statement of Facts: Detailed description of the defamatory statements, including when and where they were made, and their impact

6. Legal Basis: Reference to relevant German laws being violated, particularly Sections 185-187 StGB and Section 823 BGB

7. Proof of Falsity: Clear explanation of why the statements are false, with reference to supporting evidence

8. Demands: Specific demands including immediate cessation of defamatory statements, removal of existing statements, and deadline for compliance

9. Legal Consequences: Warning of legal action if demands are not met within the specified timeframe

10. Signature: Formal signature block with name and title

Optional Sections

1. Undertaking Request: Request for a signed written undertaking not to repeat the defamatory statements, used when formal documentation of compliance is desired

2. Damages Statement: Description of specific damages suffered, included when monetary compensation will be sought

3. Prior Communications: Reference to any previous attempts to resolve the issue, included when relevant

4. Third Party Notice: Notice that third parties (such as employers or platform operators) will be informed, included when the defamation occurred in a professional context or on specific platforms

5. Retention of Rights: Statement preserving right to take additional legal action, included in more serious cases

Suggested Schedules

1. Evidence of Defamatory Statements: Copies, screenshots, or transcripts of the defamatory statements

2. Proof of Falsity Documentation: Documents, certificates, or other evidence proving the falsity of the statements

3. Power of Attorney: If the letter is sent by a legal representative, documentation of authority to act

4. Draft Undertaking: Template of the written undertaking requested from the recipient

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Media and Entertainment

Professional Services

Healthcare

Education

Retail and Consumer

Technology

Financial Services

Manufacturing

Hospitality

Real Estate

Non-Profit Organizations

Sports and Recreation

Professional Associations

Social Media and Digital Platforms

Relevant Teams

Legal

Public Relations

Corporate Communications

Human Resources

Marketing

Social Media

Executive Leadership

Corporate Affairs

Risk Management

Brand Management

Customer Relations

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Communications Director

Public Relations Manager

Human Resources Director

Brand Manager

Social Media Manager

Reputation Manager

Corporate Affairs Director

Chief Marketing Officer

Business Owner

Professional Service Provider

Department Head

Board Member

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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