Hello Swinoggers,
Have fun for this end of year ;)
I such a case, I will simply answer to this lawyer to address a formal request to a swiss judge, explaining him that due to the law you cannot fulfill his request without a legal request from within Switzerland.
Like this you will content him because he will know where to look up (and normally cease to contact you directly), and your customer wont be able to sue you if you respect the swiss law.
Also you can transmit the request to your customer, asking him to care about the issue, in order to let him solve the issue by himself, and state the lawyer that you have transmitted the case to your customer, but due to the law you cannot provide more informations regarding the local laws.
In both cases you will be clean, and you will have fulfilled the request within the law and proved your good will .
Best regards, and merry X (hehe) mas
naz
qu'ils n'en suivront pas moins les memes errements, dusses-tu en crever marc aurele
De : swinog-bounces@lists.swinog.ch [mailto:swinog-bounces@lists.swinog.ch] De la part de Rainer Duffner Envoyé : mardi 23 décembre 2014 13:23 À : Q-X GmbH - Pascal Wagenhofer Cc : swinog@swinog.ch Objet : Re: [swinog] Auskunft über Personendaten / deutsches Recht anwendbar?
Am 23.12.2014 um 13:06 schrieb Q-X GmbH - Pascal Wagenhofer wagenhofer@q-x.ch:
Hallo SWINOGer
I hope, youre enjoying already the holidays somewhere around.
Were having here a little difficulties with a german lawyer. Were offering shared hosting services. One of our customers is sharing links to http://uploaded.net/ uploaded.net, which contains music, which might be copyright protected.
The german law agency is now requesting the data of the owner which apparently we cannot provide due to restrictions of the data protection law of Switzerland. Theyre supplying us this judgement: <http://www.justiz.nrw.de/nrwe/olgs/koeln/j2011/6_U_87_10urteil20110325.html
http://www.justiz.nrw.de/nrwe/olgs/koeln/j2011/6_U_87_10urteil20110325.html .
Question to the community:
1. What are you doing in such situations? (Yes, appart from contact your lawyer ;-) ).
2. Did you have similar issues and how did you handle them?
I wish you merry Christmas and a happy new year.
How much jurisdiction does a German court have in Switzerland anyway?
Cant you ask them to go to a Swiss court in Lausanne or wherever that stuff is handled?
Oh wait, that would mean additional cost (like working with a lawyer in Switzerland, of all things), most likely without a ROI in the end.
So, its easier trying to intimidate the hosting-company.
If what whois provides is not enough - tough luck.
Rainer