For some time now, operators of websites have been facing claims of legal violations due to the use of Google Fonts. Some law firms and cease-and-desist letter senders are sending out cease-and-desist letters on a massive scale. In particular, lawyer Kilian Lennard from Berlin and the RAAG law firm based in Meerbusch, belonging to Greek lawyer Dikigoros Nikolaos Kairis, have become well-known to many affected parties.

What violations are being asserted in relation to Google Fonts?

Google Fonts is a font library for websites offered by Google. The fonts are provided on a server operated by Google in the United States and can be integrated directly into websites. The cease-and-desist letter senders assert that, without a sufficient legal basis, personal data of the users of the web offerings are transferred to Google in the United States, because the operators of the websites integrate the fonts directly from Google's servers. Due to this violation, damages and sometimes also cessation are demanded. Regularly, a judgment of the Regional Court of Munich I (Landgericht München I) is cited, namely the judgment ofUrteil vom 20.01.2022, 3 O 17493/20). In this judgment, damages amounting to € 100 were awarded in a comparable case.

What is to be made of this?

In our view, based already on the form and content of the cease-and-desist letters as well as the very large number of cease-and-desist letters sent, much suggests that these are mass cease-and-desist letters which, in the form presented, constitute abuse of rights. In the meantime, some courts have issued preliminary injunctions against the cease-and-desist letter senders.

In most cases, however, the allegation raised with the cease-and-desist letter is not entirely unjustified: most of the affected parties actually had integrated Google Fonts directly from Google's servers.

What comes next?

In the meantime, we are not only aware of the already known Google Fonts cease-and-desist letters, but also of initial cease-and-desist letters concerning other alleged legal violations, for example due to faulty integrations of Google Analytics.

Letters containing claims for damages due to alleged data protection violations are now also being sent directly by individuals to operators of websites. Unfortunately, therefore, much suggests that the current wave of cease-and-desist letters could continue in another form.

What is to be done?

If you receive a cease-and-desist letter regarding Google Fonts, we advise you against paying. Even if they are usually not particularly high amounts in the range of € 100 to approximately € 250, due to the wording of the cease-and-desist letters it is often not clear what the legal consequences of payment would actually be. Payment also does not protect you against further cease-and-desist letters. Some affected parties have received two or three different cease-and-desist letters.

Have you actually integrated and used Google Fonts directly in your web offering? Then you should discontinue this use as quickly as possible. Instead, you can integrate Google Fonts locally on the server of your web offering.

Avoiding legal violations remains the safest protection against cease-and-desist letters of all kinds. If you operate a website or other online offering, you should ensure that your offering is designed in compliance with data protection law. Particularly in the case of easily recognisable violations, there is a risk not only because of Google Fonts that you, as the operator of the web offering, could be held liable.