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Cease And Desist Online Harassment

Cease And Desist Online Harassment Template for Germany

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Key Requirements PROMPT example:

Cease And Desist Online Harassment

"I need a Cease and Desist Online Harassment letter in German law to address a former employee who has been posting defamatory comments about my company and revealing confidential information on LinkedIn and Twitter since January 2025."

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Document background
The Cease And Desist Online Harassment letter is a crucial legal instrument in German law for addressing and stopping online harassment, cyberbullying, and digital stalking. It's typically used when someone experiences persistent online harassment through social media, email, messaging platforms, or other digital channels. The document must comply with German legal requirements and typically cites relevant sections of the Criminal Code (StGB) and Civil Code (BGB). It's designed to serve as both an immediate deterrent and a foundation for potential future legal action if the harassment continues. The letter should include detailed documentation of the harassment, specific legal grounds under German law, clear demands for cessation, and deadlines for compliance. It's particularly relevant in today's digital age where online harassment has become increasingly prevalent across both personal and professional spheres.
Suggested Sections

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

2. Recipient Details: Full name, address, and known contact information of the harasser

3. Date: Official date of the cease and desist letter

4. Subject Line: Clear identification as a Cease and Desist Letter (Abmahnung) regarding online harassment

5. Factual Background: Detailed description of the harassing behavior, including specific incidents, dates, platforms, and nature of the harassment

6. Legal Grounds: Citation of relevant German laws being violated, including specific sections of StGB and BGB

7. Demands: Clear statement of actions the recipient must cease and specific demands for future behavior

8. Deadline: Specific deadline for compliance with the demands (typically 7-14 days)

9. Legal Consequences: Statement of legal actions that will be taken if demands are not met

Optional Sections

1. Declaration of Damages: Include when monetary damages have been incurred and compensation is being demanded

2. Platform Notification: Include when notifying that social media or other platform administrators have been or will be contacted

3. Criminal Charges Notice: Include when criminal charges have been or will be filed with law enforcement

4. Prior Communications: Include when there have been previous attempts to resolve the situation

5. Undertaking Declaration: Include a pre-written declaration for the harasser to sign, promising to cease all harassment

Suggested Schedules

1. Evidence Log: Chronological list of harassment incidents with dates, times, and descriptions

2. Screenshot Appendix: Compiled screenshots or printouts of harassing messages, posts, or communications

3. Witness Statements: Any third-party statements or confirmations of the harassment

4. Prior Communications: Copies of any previous attempts to resolve the situation

5. Undertaking Form: Pre-formatted cease and desist declaration for signature by 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Harassment
Online Platforms
Social Media
Direct Messages
Posts
Comments
Personal Data
Confidential Information
Electronic Communications
Digital Content
Cyberstalking
Defamatory Content
Threatening Communication
Personal Injury
Emotional Distress
Business Hours
Working Day
Immediate Family Members
Professional Associates
Third Parties
Legal Representatives
Evidence
Screenshot
Timestamp
Digital Footprint
IP Address
User Account
Profile
Platform Administrator
Compliance Deadline
Relevant Industries

Technology

Social Media

Education

Entertainment

Media

Professional Services

Healthcare

Retail

Gaming

Non-profit

Public Sector

Financial Services

Relevant Teams

Legal

Human Resources

Social Media

Community Management

Content Moderation

Public Relations

Privacy

Information Security

Employee Relations

Risk Management

Compliance

Digital Communications

Brand Protection

Customer Service

Relevant Roles

Legal Counsel

HR Director

Social Media Manager

Community Manager

Content Moderator

Public Relations Manager

Chief Privacy Officer

Information Security Officer

Employee Relations Manager

Risk Management Officer

Compliance Officer

Digital Communications Manager

Brand Protection Manager

Customer Service Manager

Industries
§ 185-187 StGB: Criminal Code sections covering insult (Beleidigung), defamation (Üble Nachrede), and intentional defamation (Verleumdung)
§ 238 StGB: Stalking provision in the Criminal Code, which includes cyberstalking and persistent online harassment
§ 241 StGB: Provisions regarding threats and coercion
§ 823 BGB: Civil Code provision for liability for damages, particularly relevant for personality rights violations
§ 1004 BGB: Civil Code provision for injunctive relief, which forms the legal basis for cease and desist demands
Telemediengesetz (TMG): Telemedia Act governing online services and electronic communications
Art. 1 and 2 GG: German Constitutional Law (Grundgesetz) provisions protecting human dignity and personal rights
GDPR (DSGVO): General Data Protection Regulation, relevant when personal data is involved in the harassment
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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