German Abmahnung — step by step

„Abmahnung“ — the word alone is scary. The reality: not every Abmahnung is justified, and almost all are negotiable in detail. What is generally avoided: blindly sign or pay the full amount without checking. Here's a quick guide to the three most common kinds.

The three main kinds

1. Filesharing Abmahnung

Letter from a law firm (e.g. Waldorf Frommer, .rka). Accusation: you illegally downloaded a film, series or game via BitTorrent. They demand a cease-and-desist (Unterlassungserklärung) plus damages, usually €800–1,500.

2. Competition-law Abmahnung

Usually to freelancers, small online shops, associations. Accusation: you did something wrong (missing Impressum, incomplete privacy policy, misleading advertising). Cease-and-desist with high penalty clause + lawyer fees.

3. Employment Abmahnung

From your employer. Accusation: breach of duty (lateness, missed tasks, neglect). No direct payment demand, but: an Abmahnung often prepares the ground for a later conduct-based dismissal.

What is generally avoided

• Never sign the enclosed cease-and-desist immediately. It's almost always too broad and includes points you wouldn't have to agree to. A modified (narrower) version does the job equally well.
• Don't blindly pay the full amount. Claims are often negotiable. For filesharing, people typically pay a third to half of the initial demand, sometimes less.
• Don't leave it unanswered the letter. Even if the claim is exaggerated — something will happen. A lawsuit follows in 4–8 weeks.
• Don't justify yourself or confess in writing. Any written statement can be used against you. Run it through a lawyer.

How people typically respond

For filesharing

1. Note the deadline in the letter (usually 1–2 weeks).
2. Find a lawyer specialised in filesharing / copyright.
3. Send a modified cease-and-desist (the lawyer drafts it) if it really was you.
4. Negotiate the damages — €100–300 realistic, not €1,500.

For competition-law

1. Check the accusation — is the specific mistake real?
2. If yes: fix it immediately (e.g. complete your Impressum).
3. Submit a modified cease-and-desist.
4. Lawyer fees: pay only the justified amount (Streitwert often capped at €1,000 → ~€250 fees).

For employment Abmahnung

1. Check the accusation — is it specifically described (date, incident)?
2. Write a Gegendarstellung (counter-statement) — factual, with your perspective.
3. Demand that your counter-statement is added to your personnel file.
4. For an unjustified Abmahnung: demand removal from the file in writing.

What can typically happen if there is no response

Filesharing

• Reminder process, court Mahnbescheid, then lawsuit.
• If you lose: full damages + lawyer fees + court fees + enforcement. Can end up at €3,000+.

Competition law

• Interim injunction at court (very fast, one-sided). On breach: €5,000–10,000 fine per breach.
• High court fees since the Streitwert (value in dispute) is often in five figures.

Employment

• Stays in the personnel file, often for years.
• On a further breach: conduct-based dismissal becomes possible. The first Abmahnung was „strike one“.