Unterlassungserklärung

An Unterlassungserklärung is a legal document commonly used in German law to formally promise not to repeat a specific action or behavior that has been deemed unlawful or inappropriate. It is often requested by individuals or entities who believe they have been harmed by a violation, such as copyright infringement, defamation, or other forms of misconduct. The purpose of the declaration is to prevent further harm and resolve disputes without the need for lengthy court proceedings.

The document typically outlines the exact conduct that the signatory agrees to cease, such as removing content from a website, stopping the use of a trademark, or refraining from making false statements about another party. It may also include an acknowledgment of the unlawful nature of the past actions and an apology, though the latter is not always mandatory. In some cases, the declaration may be accompanied by a monetary settlement to compensate for damages.

Unterlassungserklärungen are often issued as part of a negotiated settlement, where the requesting party agrees to drop further legal action in exchange for the promise of non-repetition. However, they can also be demanded as a preliminary step before litigation begins, particularly in cases involving mass violations, such as online content that spreads quickly. Courts may enforce such agreements, and failure to comply can result in legal consequences, including fines or injunctions.

While Unterlassungserklärungen provide a structured way to resolve disputes, they are not always binding in the same way as a court judgment. Their enforceability depends on the circumstances, and parties may still pursue further legal action if the agreed-upon conduct is not adhered to. It is advisable for individuals or businesses receiving such a request to consult with a legal professional before signing, as the terms can have long-term implications.