In this Court's view, the question of liability of the owner of a Facebook accounts at its infringing use assessed by a third party according to the principles, which the Supreme Court called in. “Halzband”-Decision for the liability of the private owner of an eBay account has established by a third party in its abuse.
Thereafter, the private owner has a member account on eBay, who has his access secured inadequately protected from unauthorized access, be treated as, as he himself had acted, if a third party has come to the entrance of this member's account and used it to protect rights violations and breaches of competition, without the account holder has caused or condoned this. A far given in safekeeping the credentials for the user account is a separate breach of duty, to the principles of nuisance liability self-attribution basis constitutes [vgl. Urt. in. 11.3.2009 - I ZR 114/06 - Rn. 16].
of that as the reason for the liability, who has not kept his contact under wraps, saw the BGH which he created danger, that may arise in relation to traffic confusion, which person acted pursuant to the Member Account on eBay, whereby the possibilities, to identify and possibly the agent. – a legal transaction or tort – to claim something, be serious. Of importance is the extent, that the control data and the password of an account on eBay as a special identification means allow an action under a specific name to the outside. In this respect, there is according to the BGH a general responsibility and obligation of the owner of an account on eBay, for keeping his contact so under wraps, that they gained no knowledge
OLG Frankfurt judgment 21.07.2016 The zu 16 You 233/15 – Liability for Facebook account abuse Continue reading Facebook account holder is liable for misuse of his Facebook account for the postings of abusers