The deadline in these letters is usually short — a few days to two weeks — and it is set by the sender, not by law. The real danger is not the deadline but the enclosed form: a signed undertaking to desist binds you for a long time and does not end when the dispute does. So get an assessment before the deadline passes; a phone consultation such as KLUGO↗ clarifies whether the claim holds up and what you should not sign in the wording provided.
The deadline and the enclosed undertaking
The real trap is not the money but the enclosed Unterlassungserklärung. The other side writes its wording, and signing it as supplied is almost never the right move.
✓ Verified: 11/08/2026
WHAT TO DO
› Details and tips
👨🏻💻
Max recommends:
The deadline comes from the sender and is sometimes extended on request — but the request must be in writing and before it expires. Silence does not count as an extension.
👩🏼💼
Lea recommends:
The most common mistake is signing the form to make the problem go away quickly. The money demand is finite; the duty to desist keeps working long after the dispute is forgotten.
Useful Tools
- Verbraucherzentrale Legal
Consumer protection centres.
FREQUENTLY ASKED QUESTIONS
Why should the enclosed form not be signed as it stands? ▾
Because it is drafted by the side making the claim, which wants the broadest possible promise. The law expressly requires the sender to state whether the proposed undertaking goes substantially beyond the infringement — and often it does.
What is a modified undertaking? ▾
A version of your own in which you accept the obligation to desist, but limited to the actual infringement and without conceding the money claimed. The law allows settlement through an undertaking backed by a reasonable penalty, not through the exact text that was sent.
What happens if the deadline passes? ▾
The other side can go to court, including for interim relief. The law treats the warning as a step before proceedings, so doing nothing leads precisely to what this step is meant to avoid.
Do I have to sign anything at all? ▾
Signing is not the only route. The law frames it as an opportunity to settle out of court, not an obligation. Refusing has consequences, though, and it is better to understand them beforehand than after the deadline.