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Cease-and-desist declaration (Unterlassungserklärung)

Binding promise, backed by a contractual penalty, to refrain from a specific conduct in the future.

A penalty-backed cease-and-desist declaration removes the risk of repetition and with it the injunctive claim. Whoever signs it is liable for a contractual penalty on any breach (often €5,001 or more). Therefore: never sign a pre-drafted declaration unchecked — a modified version is often sufficient.

¹Note: This definition is for general orientation only and does not replace legal advice for your case.

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