Insights
Deep analysis of digital rights.
Background on the Digital Services Act, GDPR, BGH and ECJ rulings, platform suspensions - written for clients, not for search engines.
California Arbitration Clauses vs EU Consumers — Why They Fail Under Brussels Ia Art. 17/18
Almost every US platform TOS points to JAMS or AAA arbitration in California. Against EU consumers that clause is unenforceable in most constellations: Brussels Ia Art. 17/18 and § 38 ZPO return jurisdiction to the consumer's home court. Why, with which case law — and what the practical workflow looks like when the platform invokes JAMS.
Latest analysis
- The standard clause and where you find it
- Brussels Ia Art. 17/18 — the EU consumer override
- Pammer / Alpenhof — the "directed activities" test
GDPR Article 27 EU Representative — The 4-Week Pre-Launch Check for US Companies
US companies without an EU establishment that process EU personal data need an Article 27 representative — and often additionally a DSA Article 13 representative. Who needs what when, how the 4-step appointment process runs, and which five mistakes appear in 80% of first-time fines.
Account suspended - what to do? The first 48 hours matter.
Step-by-step guide for the first 48 hours after a platform suspension: evidence, GDPR data request, formal complaint, legal prep. What to do - and what to avoid at all costs.
DSA Art. 17: What must a proper statement of reasons contain?
The statement of reasons under DSA Art. 17 is more than a courtesy - it's a binding legal act. What the platform must deliver, what isn't enough, and where we apply the lever.
GDPR Art. 22 post-SCHUFA: when automated suspensions become unlawful
The ECJ's SCHUFA ruling expanded GDPR Art. 22 dramatically. What it means for anti-cheat software, trust-and-safety AI, and automated platform decisions.
German Federal Court III ZR 179/20: what the Facebook ruling means for every platform
On 29 July 2021, the German Federal Court established a procedural triad for platform suspensions: prior hearing, reasoning, appeal route. What follows for other platforms - and how far the ruling actually reaches.
Sue at home: Brussels Ia Art. 17/18 against US platforms
Most US platforms try to push disputes into Californian arbitration. EU consumers don't have to accept this - the Brussels Ia Regulation grants them home jurisdiction.
§ 327 BGB for in-game purchases: how to recover V-Bucks, Robux, and skins
Since 2022 §§ 327ff. BGB apply to digital content and services. What that means for account bans, in-game purchases, and items that suddenly vanish - and how far the claim reaches.
P2B Regulation: 30-day prior-notice duty for Amazon, eBay, and Etsy suspensions
EU Regulation 2019/1150 (P2B) is the unsung weapon of commercial platform sellers. It forces marketplaces to give 30 days' prior notice before closure - and gives sellers strong complaint rights.
MiCA and crypto holds: what Coinbase and Binance must now do
Since December 2024 MiCA applies fully. What this means for KYC holds, frozen balances, and withdrawal blocks - and why the BaFin complaint is suddenly the fastest lever.