Rechtsanwältin
Dr. Jacqueline Chabrny
Dr. Chabrny ist eine erfahrene Wirtschaftsanwältin mit Schwerpunkt im IT- und Datenschutzrecht sowie im internationalen Wirtschaftsrecht. Sie berät nationale und internationale Unternehmen in komplexen rechtlichen Fragestellungen der digitalen Wirtschaft. Ihre Expertise umfasst:
- IT-Vertragsrecht und Softwarelizenzierung
- Datenschutz und DSGVO-Compliance
- E-Commerce und Plattformökonomie
- KI-Recht
- Urheberrecht
- Internationales Handels- und Vertriebsrecht
LLMs & LGMs
Large Language Models (LLMs) & Large Geospatial Models (LGMs): AI meets the "Real World"
AI is evolving fast - Large Language Models (LLMs) are changing how we interact with and understand information through text. At the same time, Large Geospatial Models (LGMs) are helping us make sense of public real-world locations, using tools like satellite images, GIS data, and 3D mapping.
Together, these technologies can be a powerful combo: LLMs can explain geospatial data (like trends in urban growth), while LGMs bring abstract ideas to life with real-world context, e.g. in the field of logistics ("geospatial intelligence").
Similar to LLMs, geospatial models are trained on massive volumes of raw data. Data accuracy, reduction of bias, and privacy protection are key to advancing these technologies.
Design Law
More protection - less red tape
Two major recent legal developments are making it easier and more predictable for designers to protect their work globally. The reforms are a win for innovation — supporting design-intensive industries that make up 16% of EU GDP and 14% of jobs. These industries encompass a wide range of sectors, including fashion, consumer electronics, and digital design.
EU Design Law Reform
Adopted in October 2024, this reform modernizes design protection for the digital age:
What’s new?
Protection covers digital designs, including in-game items, animations, transitions, and more.
Easier registration of 3D-printed designs and digital prototypes.
Streamlined applications: Register multiple designs across different Locarno classes in one go.
New terminology: "Registered EU Design (REUD)" and "Unregistered EU Design (UEUD)" replace the previous terms. Holders of REUD can use the Ⓓ symbol to indicate protection
Sustainability (European Green Deal, circular economy): Introduction of a repair clause
Key legislation:
Regulation (EU) 2024/2822 (European Design Regulation, replacing "Community designs") — applies from 1 May 2025 (some provisions from 1 July 2026)
Directive (EU) 2024/2823 (on the legal protection of designs) — must be transposed into national law by 9 December 2027
WIPO Design Law Treaty (DLT)
After nearly 20 years of negotiations, WIPO Member States have adopted the Design Law Treaty which aims to harmonize and simplify design protection procedures across WIPO's 193 members, making design registrations more predictable, accessible, and affordable worldwide. Adopted in Riyadh on 22 November 2024, the DLT harmonizes procedural rules across borders:
Key Provisions:
Maximum List of Application Requirements
The treaty sets a closed, exhaustive list of items that may be required in a design application, giving applicants clear guidance and avoiding procedural surprises.
Allows multiple designs per filing
Supports flexible design formats (drawings, photos, video)
Filing Date Requirements
The treaty sets clear and minimal criteria for assigning a filing date—vital for establishing rights and avoiding loss of priority due to procedural delays
The WIPO DLT grants a 12-month grace period after disclosure and allows applicants to keep designs unpublished for at least six months after filing, both of which are major advantages for designers. Both features offer flexibility, strategic control, and legal security.
Higher Regional Court judgment against UI/UX dark patterns in German online sales
EU Consumer Law and the Digital Shift
The Oberlandesgericht Bamberg (OLG Bamberg) has issued a judgment (05.02.2025, Az. 3 UKI 11/24) with major implications for companies operating digital sales channels in Germany.
What happened?
The court found that a ticket’s seller’s use of a pop-up – pressuring customers to buy ticket insurance with the phrase “Ich trage das volle Risiko” (“I accept full risk”) and repeated prompts (so-called “nagging”) – constituted an illegal dark pattern. This UI/UX approach exploited consumers’ fear of loss and undermined their ability to make a free, informed choice. The court described the UI/UX as creating a “clearly one-sided benefit asymmetry to the detriment of the user”.
Why does this matter for your business?
Legal standards are rising:
The court applied not only the German Act against Unfair Competition (UWG) based on EU’s Unfair Commercial Practices Directive, but also referenced in this context the Digital Services Act (DSA) - making clear that manipulative UI/UX designs are subject to strict legal scrutiny.
Design details matter:
Even subtle UI/UX choices – button colour, wording, placement, or the use of psychological pressure - require professional diligence and can be deemed unlawful under the German Act against Unfair Competition (UWG) if they mislead or unduly influence users in their decision-making.
The judgment paves the way for stricter action against digital nudging and manipulative design, including how options are framed (e.g., button colours or order).
What should you do?
1. Audit your digital sales flows for any elements that could be seen as manipulative or that pressure users into purchases.
2. Ensure all consent mechanisms are clear, neutral, and truly respect consumer autonomy. 3. Stay updated on evolving EU and German rules on digital consumer protection.
