The Cease and Desist Removal Letter is a crucial legal instrument under Swiss law used when immediate action is required to remove unauthorized or infringing content. This document type is particularly relevant in today's digital age where content can be rapidly disseminated across various platforms. It serves as a formal preliminary step before pursuing legal action, demonstrating the sender's attempt to resolve the matter amicably while establishing a paper trail of enforcement efforts. The letter must clearly identify the problematic content, cite relevant Swiss legal provisions (including personality rights under ZGB Art. 28, data protection under FADP, or intellectual property rights), and provide reasonable deadlines for compliance. It's commonly used in situations involving copyright infringement, trademark violations, defamatory content, privacy breaches, or unauthorized use of personal information.
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1. Sender Details: Full legal name, address, and contact information of the sending party
2. Recipient Details: Full legal name, address, and contact information of the recipient
3. Date: Current date of the letter
4. Subject Line: Clear identification as a Cease and Desist Removal Letter and reference number if applicable
5. Content Identification: Specific description and location of the offending content/material to be removed
6. Legal Basis: Citation of relevant Swiss laws and legal rights being violated
7. Demand for Removal: Clear statement of demands and required actions
8. Deadline: Specific timeframe for compliance with the removal request
9. Legal Consequences: Statement of potential legal actions if demands are not met
10. Closing: Formal closing, signature block, and professional title
1. Previous Communications: Reference to any prior attempts to resolve the issue, including dates and methods of contact
2. Monetary Demands: If applicable, any financial compensation being sought for damages
3. Preservation of Evidence: Request to preserve all relevant evidence and records related to the content
4. Non-Admission Clause: Statement that this letter does not constitute an admission of any facts or liability
5. Without Prejudice: Clause preserving legal rights while attempting to resolve the matter
6. Confidentiality Notice: Statement regarding the confidential nature of the communication
1. Evidence of Offending Content: Screenshots, copies, or documentation of the content to be removed
2. Proof of Rights: Documentation establishing the sender's legal rights (e.g., trademark certificates, copyright registrations)
3. Prior Communications Log: Chronological record of previous attempts to resolve the issue
4. Power of Attorney: If the letter is sent by a legal representative, authorization to act on behalf of the rights holder
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