The Acceptable Use Policy Agreement is a fundamental document for any organization providing digital services, platforms, or network access in Germany. It establishes the framework for appropriate use of services while ensuring compliance with German legal requirements, including the GDPR, Telemedia Act, and German Civil Code. This document is essential when offering online services, hosting platforms, or providing network access to users, whether in a business-to-consumer or business-to-business context. The policy needs to address German-specific requirements for data protection, user privacy, content moderation (particularly under NetzDG), and IT security measures. It should be implemented when launching new digital services or updating existing ones to ensure proper user conduct and legal compliance.
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1. Parties: Identification of the service provider and scope of users to whom the policy applies
2. Background: Context of the policy, services covered, and general purpose
3. Definitions: Clear definitions of technical terms, services, and key concepts used throughout the policy
4. Scope of Services: Detailed description of services covered by the policy
5. User Obligations: General obligations and requirements for users accessing and using the services
6. Prohibited Activities: Comprehensive list of forbidden activities and behaviors
7. Content Guidelines: Rules regarding user-generated content and acceptable content standards
8. Security Requirements: User obligations regarding account security, passwords, and access controls
9. Monitoring and Enforcement: Description of how the policy is enforced and systems monitored
10. Consequences of Violation: Actions that may be taken in response to policy violations
11. Data Protection and Privacy: Information about data collection, processing, and user privacy rights
12. Changes to the Policy: Process for updating the policy and notifying users of changes
13. Governing Law: Specification of German law as governing law and jurisdiction
1. Service Level Commitments: Include when the AUP is tied to specific service level agreements or performance guarantees
2. Age Restrictions: Include when services are age-restricted or have special provisions for minors
3. Third-Party Services: Include when the service integrates with or relies on third-party platforms or services
4. Intellectual Property Rights: Include when users can upload or create content, or when IP rights need specific protection
5. Commercial Use Provisions: Include when different rules apply to commercial versus personal use
6. Emergency Procedures: Include for critical services requiring specific procedures during emergencies or outages
7. Reporting Mechanisms: Include when providing specific channels for reporting violations or abuse
1. Acceptable Use Examples: Detailed examples of acceptable and unacceptable use cases
2. Technical Requirements: Specific technical requirements or configurations required for service use
3. Fee Schedule: If applicable, details of any fees or charges related to policy violations or special use cases
4. Contact Information: Detailed contact information for support, abuse reporting, and legal notices
5. Privacy Notice: Detailed privacy notice compliant with GDPR requirements
6. Service-Specific Rules: Specific rules for different services or features covered by the policy
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Acceptable Use Policy Agreement
A German law-compliant agreement defining acceptable use terms for digital services, including user obligations and compliance with German data protection and consumer laws.
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