Legal aspects of business processing on the net

For the business over the Internet much the same legal rules as outside the network.The laws are national, the global Internet. Challenged by the law, the technical characteristics such as lack of physicality, extraordinary dynamic, efficient networking, simple reproduction possibilities and hidden data processing.

The euphoria that are accessible to the Internet in no time at new markets, has somewhat abated. The new means of communication and new business methods, built with a lot of technical and economic imagination, has sparked some disappointments in advance in the consumer sector. On the other hand, business transactions over the Internet to take the business to business (web slang "B2B") unspectacular, but constant.

In the B2B Internet business and e-mail will be used less for the development of new markets and customers, but rather as a complement to the existing means of communication in existing business relationships. Such customer and supplier relationships are against the background that suppliers and customers often know personally, and that the company put together trust. The e-mail replaces the fax or the telephone conversation, the websites of the printed catalog and order form.Performance and payment made, but largely as before, although even here more and more services can be obtained directly in digital form via the electronic medium, software and information.

The advantages of the Internet are obvious. A site may in this fast paced and easy to be adjusted without delay. The customer has the option on its Web site configurations virtually assemble themselves and modify. This use of the Internet and company e-mail without first obtaining profound opinion on the legal aspects. And yet, many legal issues that are rarely conclusive answer.

The following explanations are based on the Swiss and European law. They refer to the B2B business and let the myriad of consumer protection rules ignored.

First Marketing
At the beginning of each business transaction is the marketing, so the knowledge of the market and customers and access to them.

1.1 Internet address
Who appears on the Internet needs an address. If businesses are easy to find, they want to include the appropriate indicator in the domain name. On the formation of domain names there are up to now no special laws rules. Increasingly, however, to sit through some principles.

While () a few years ago purely factual or place names caused few problems, such second-level domain are now legally controversial since they monopolize public property or in some cases give the impression they represent an entire industry or a whole area [1] [2].

Has always been disputed domain name, which may affect another company, especially by confusion. Finally, domain names today have a similar economic importance such as company names or brands. To clarify why the remedies are also of the copyright law, namely the Fir menrecht and trademarks are available.International law is the brand it a priority [3]. Sure it makes much sense, parallel to the registration of a domain name especially the trademark.

1.2 Online Brochure
With a website, the company presents itself and its performance. Here visitors can look up the Internet, such as in a brochure. For the numerous elements such as text, graphics and images, but also audio and video sequences are the same rules as private media, such as price clarity, dumping, decoy offers, sweepstakes, or comparative advertising. This law that is binding on the market, the competition effect [4]. It should be noted, therefore, the legal systems of all countries where there are potential customers.

Competition law is dominated by the sincerity bid. Internet users to know which providers and what services he has to do it. Shall require the European law on any website additional information on the identity, telephone and fax numbers, e-mail address as well as services and prices [5]. Similar obligations, the draft of the new federal law on electronic commerce.

1.3 E-mail advertising program
With the e-mail can be addressed in person. The low cost of an e-mail delivery suggest this possibility for a commercial. However, a variety of junk mail load block or a system.

The question of the admissibility of promotional e-mails responded to the legal practice for a long time analog fax advertising. An unsolicited advertising mail is then generally considered wrongful, if not good reasons, the recipient would agree.Such an agreement must be accepted by customers as well as in people who were doing already known in some form to the Company their interest in the product or the service. Also sending to other potential customers - not to any stranger - would be allowed if it is sporadic and short letters.

European law requires that any "commercial communication" recognizable as such and the provider is identified. In addition to discounts, premiums, gifts, contests or sweepstakes, and presented their conditions clear and easily accessible [6].

Expressly permitted under European law is also the unsolicited mailing, unless it is marked as such. Persons who do not want unsolicited information can be enrolled in so-called opt-out systems, which must regularly consult the vendor [7].

1.4 Hyperlinks
Typical of the Internet, both for sites like e-mails are the hyperlinks. With one click, the user can switch to a different site. Such links are allowed, and it does not need the consent of each other website operator can be obtained. Existence but doubts whether the proprietor of a linked page with the link actually agree, an agreement would appear.

Is to avoid any false impression that exist between the two site-specific business operators. In general, a link still not be duplicated, but can be regular links to other sites are reaching the limits of copyright copy prohibition. Would be unlawful by name, to give the impression that he is himself the author of the contributions referred to. But otherwise it is not legally safe if the content of the linked page the link ends is attributed (eg prohibited content).

1.5 Rolodex
Who wants to work the market, it must manage its properties and the addresses of recipients. The data collection is basically free, and also electronic methods are acceptable, of log files via "cookies" to the independent input of data by the user.

However, the rules of data protection are observed. Sun, data may be processed only for the purpose that was specified in the procurement or the circumstances was seen [8]. While almost everyone knows today, Internet users, that his steps are "somehow" registered. This does not relieve, to state in the data recording on the use and possibly to require the business partner a statement of whether and what that information may be used or disclosed.

Increased care should be exercised with so-called highly sensitive data (religious, ideological, political and trade union views, information about health, sexuality or race [9]), and personality profiles, so compilation of several pieces of information, an assessment of significant aspects of personality allow [ 10]. This includes aspects such as consumer behavior and credit card usage.

In the countries of the EU and the EEA, any automated data processing are officially registered [11]. In Switzerland, a registration application is required only if, without knowledge of the persons concerned on a regular basis to protect personal data or personality profiles can be edited, or professional capacity are personal data to third parties [12].